McBurney v. Daughety

On February 9, 1928, appellants, Murray N. McBumey and wife, sued appellees, Dr. Jewel Daughety and his hospital, Central Texas Hospital, for damages, alleging that on February 19, 1924, Mrs. Mc-Burney went to appellees for treatment, and they told her she had syphilis, and that a specimen of her blood had been sent to a laboratory for the “Wasserman” test, which showed “positive four plus,” the most malignant and dangerous form of the disease, when as a matter of fact the test showed “negative”; but that, relying upon and believing the representations and diagnosis to be true, she submitted…