TESSIER v. UNITED STATES

Civ. A. 55-1052.

164 F.Supp. 779 (1958)

Paul Eugene TESSIER v. UNITED STATES of America.

United States District Court D. Massachusetts.

June 9, 1958.


Attorney(s) appearing for the Case

John J. McHugh, Waltham, Mass., Robert D. Kilmarx, Boston, Mass., for plaintiff.

George C. Caner, Jr., Asst. U. S. Atty., Boston, Mass., for the United States.


ALDRICH, District Judge.

This is an action under the F.T. C.A., 28 U.S.C.A. § 1346(b), for, in effect, malpractice by doctors employed by the Veterans Administration Hospital at Togus, Maine. The government raises at the outset the defense that it cannot be liable because an ordinary public charitable hospital would not be under similar circumstances. I accept the government's premise, Jensen v. Maine Eye & Ear Infirmary, 107 Me. 408, 78 A. 898, 33 L.R.A...

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