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QUICK v. THURSTON

No. 15738.

290 F.2d 360 (1961)

Creola QUICK, Administratrix, Estate of Lawrence Quick, Deceased, Appellant v. Roger G. THURSTON, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 20, 1961.

Attorney(s) appearing for the Case

Mr. Benjamin F. Rossner, Washington, D. C., with whom Mr. Jesse O. Dedmon, Jr., Washington, D. C., was on the brief, for appellant.

Mr. J. Joseph Barse, Washington, D. C., with whom Messrs. James A. Welch, H. Mason Welch, J. Harry Welch, Arthur V. Butler and Walter J. Murphy, Jr., Washington, D. C., were on the brief, for appellee.

BURGER, Circuit Judge, with whom WILBUR K. MILLER, Chief Judge, and PRETTYMAN, WASHINGTON, DANAHER and BASTIAN, Circuit Judges, join.

In this action for wrongful death the District Court directed a verdict for the defendant at the close of plaintiff's case. On the evening of June 4, 1957, the decedent, Quick, visited the appellee, Dr. Thurston, to obtain relief from urine retention; he had long suffered from diabetes and urethral stricture. The treatment consisted of the insertion of certain instruments into the urethra to relieve the stricture and the administration of penicillin as a safeguard against...

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