Candal De Lopez v. Sociedad Espanola De Auxilio Mutuo y Beneficencia

BINGHAM, Circuit Judge.

This is an action of tort brought to recover damages alleged to have been caused the plaintiff by the negligence and malpractice of an X-ray specialist employed by the defendant and of a physician and surgeon in charge of a hospital conducted by the defendant, in the diagnosis and treatment of the. fracture of the neck of the right femur. The declaration sounded in tort, not iri contract, and was so treated by both court and the parties at the trial in the District Court and on appeal in the Supreme Court. It is based on the provisions of sections 1803 and 1804 of the…