Legal Opinion

Stewart v. Manasses

Supreme Court of Pennsylvania

Decided February 16, 1914No. Appeal, No. 269PublishedCited by 15 opinions

Appeal, No. 269, Jan. T., 1913, by plaintiffs, from judgment of C. P. No. 3, Philadelphia. Co., March T., 1909, No. 4060, entering nonsuit in case of William G. Stewart and Bertha L. Stewart v. Jacob L. Manasses. Trespass for personal injuries. Before Davis, J. The opinion of the Supreme Court states the case. Error assigned was in refusing to set aside judgment of nonsuit.

1Opinion of the Court

Opinion by

Mr. Chief Justice Fell,

This action was against the family physician of the plaintiff, Bertha L. Stewart, by whose advice she went to a public hospital for a surgical operation. After the operation she was burned by a hot water bottle that had been left by a hospital nurse in the bed in which she was placed. Recovery of damages was sought on the ground that the plaintiff’s injury was caused by the negligence of the defendant or that of the nurse for whose action he wa,s answerable. It is alleged in the declaration that the defendant agreed to perform the operation and to treat the…

2Cited by15 opinions

  1. Huffman v. LindquistCalifornia Supreme Court · 1951
  2. McConnell v. WilliamsSupreme Court of Pennsylvania · 1949
  3. Yorston v. PennellSupreme Court of Pennsylvania · 1959
  4. Powell v. RisserSupreme Court of Pennsylvania · 1953
  5. Hallinan v. PrindleCalifornia Court of Appeal · 1936

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