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CANDAL DE LOPEZ v. SOCIEDAD ESPANOLA DE AUXILIO, ETC.

No. 2446.

45 F.2d 331 (1930)

CANDAL DE LOPEZ et al. v. SOCIEDAD ESPANOLA DE AUXILIO MUTUO Y BENEFICENCIA.

Circuit Court of Appeals, First Circuit.

November 26, 1930.

Attorney(s) appearing for the Case

Francis H. Dexter, of San Juan, Porto Rico (Rafael Cuevas Zequeira, of San Juan, Porto Rico, on the brief), for appellants.

Jose R. F. Savage, of New York City (Leopoldo Feliu, of San Juan, Porto Rico, on the brief), for appellee.

Before BINGHAM, ANDERSON, and WILSON, Circuit Judges.

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 in contract, and was so treated by both court and the parties at the...

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