NATIONAL HOMEOPATHIC HOSPITAL v. PHILLIPS

No. 10266.

181 F.2d 293 (1950)

NATIONAL HOMEOPATHIC HOSPITAL v. PHILLIPS.

United States Court of Appeals District of Columbia Circuit.

Decided March 27, 1950.


Attorney(s) appearing for the Case

Mr. Cornelius H. Doherty, Washington, D. C., for appellant.

Mr. David G. Bress, Washington, D. C., with whom Messrs. Alvin L. Newmyer, George A. Greenfield and Hans A. Nathan, Washington, D. C., were on the brief, for appellee.

Before PROCTOR, WASHINGTON and BAZELSON, Circuit Judges.


PROCTOR, Circuit Judge.

This appeal is from a judgment against appellant hospital for the death by negligence of a patient resulting from a transfusion of incompatible blood erroneously tested and reported as compatible by a technician in the hospital laboratory.

The main question is whether such a relationship prevailed between the hospital and technician as to render the hospital liable upon the principle of

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