Robinson v. Wirts

Dissenting Opinion by

Mr. Justice Musmanno:

On February 28, Í953, Hannah Robinson, a school teacher and at the time 45 years of age, underwent a gastroscopio examination at the hands of Dr. Charles W. Wirts in the Jefferson Hospital in Philadelphia. *299The examination consists of the lowering through the mouth, throat and esophagus into the stomach of a tube 77 centimeters long, 9 millimeters in diameter, and equipped with a soft rubber tip plus a light for exploration. Y/hen the tube was two-thirds of the way down, an impassable obstruction was encountered. The doctor attempted to force the tube…