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BONBREST v. KOTZ

Civ. A. No. 26607.

65 F.Supp. 138 (1946)

BONBREST et al. v. KOTZ et al.

District Court of the United States for the District of Columbia.

March 6, 1946.

Attorney(s) appearing for the Case

H. Mason Welsh and Donald S. Caruthers, both of Washington, D. C., for plaintiffs.

Austin Canfield and William T. Hannan, both of Washington, D. C., for defendants.

McGUIRE, Justice.

The question raised by the motion is whether an infant through its father and next friend has a right of action springing from the alleged fact it was taken from its mother's womb through professional malpractice, with resultant consequences of a detrimental character.

It is a novel one in this jurisdiction, and judicial opinion, in those where it has been met,1 has held that at common law, in the absence of statute...

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