Oberlin v. Friedman

The Court of Appeals’ determination that the Common Pleas Court erred in giving the first special charge and in its general charge is not supported by the reason which it gave for that determination. That reason is based on the expressed premise that there was evidence “that the defendant followed the usual practice and custom in handling of the two substances on the same tray.” There was no such evidence. Plaintiff did offer evidence tending to prove that the custom and practice in hospitals was to use only colored alcohol where an anesthetic was being administered. Defendant offered no…