KASMER v. STERNAL

No. 9593.

165 F.2d 624 (1948)

KASMER v. STERNAL.

United States Court of Appeals District of Columbia.

Decided January 12, 1948.


Attorney(s) appearing for the Case

Mr. David G. Bress, of Washington, D. C., with whom Messrs. Alvin L. Newmyer and Alvin L. Newmyer, Jr., both of Washington, D. C., were on the brief, for appellant.

Mr. David A. Fegan, of Washington, D. C., for appellee.

Before GRONER, Chief justice, and EDGERTON and PRETTYMAN, Associate Justices.


GRONER, C. J.

This is an appeal from a judgment for plaintiff (appellee) on the verdict of a jury in a case of alleged malpractice. In our view the decision turns upon the question whether the jury were correctly instructed, and that question, we think, must be answered in the negative.

The facts, considered from the viewpoint most favorable to the plaintiff, are as follows:

Plaintiff, a former employee of the Government, is approximately seventy years...

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