Della Fletcher v. Frank M. Hand

McGOWAN, Circuit Judge.

In this suit for alleged negligence by a physician in the treatment of a hip fracture suffered by appellant, the District Court elected to try first an affirmative defense of release. After the taking of evidence on this issue, the court directed a verdict for the appellee doctor. This appeal is from that action. We affirm, although we emphasize that, as will be more fully set forth hereinafter, we act solely by reference to Virginia law.

I

On January 14, 1956, appellant, while babysitting for her daughter at the latter’s home in Virginia, had injured her knee. In a suit…