PICKETT v. AGLINSKY

No. 4580.

110 F.2d 628 (1940)

PICKETT v. AGLINSKY.

Circuit Court of Appeals, Fourth Circuit.

March 11, 1940.


Attorney(s) appearing for the Case

J. Campbell Palmer, III, of Wheeling, W. Va. (Erskine, Palmer & Curl, of Wheeling, W. Va., on the brief), for appellant.

Jacob S. Hyer, of Elkins, W. Va. (Milford L. Gibson, of Elkins, W. Va., on the brief), for appellee.

Before PARKER, SOPER and DOBIE, Circuit Judges.


PARKER, Circuit Judge.

This is an appeal from a judgment for plaintiff in a malpractice suit. There is evidence tending to show that the defendant physician negligently failed to remove a gauze or sponge which had been inserted in plaintiff's arm in the course of an operation, and that plaintiff sustained damage as a result thereof. A number of questions are raised by the appeal; but, in the view which we take of the case, the only one which we need consider is that...

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