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SPATH v. MORROW

No. 35242.

115 N.W.2d 581 (1962)

174 Neb. 38

Phyllis SPATH, Appellant, v. Hamilton H. MORROW and Dorwin B. Wengert, Appellees.

Supreme Court of Nebraska.

June 15, 1962.

Attorney(s) appearing for the Case

Tesar & Tesar, Omaha, for appellant.

Sidner, Lee, Gunderson & Svoboda, Fremont, for appellees.

Heard before SIMMONS, C. J., and MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ., and CHADDERDON, District Judge.

BOSLAUGH, Justice.

This is an appeal in an action for malpractice. The amended petition alleged that the plaintiff was hospitalized at Fremont, Nebraska, on July 10, 1951, for the delivery of a child; that the plaintiff had been under the care of Dr. Carl H. L. Stehl; that Dr. Stehl referred the plaintiff to his agent, the defendant Dr. Dorwin B. Wengert, in accordance with an arrangement whereby Dr. Wengert would care for the patients of Dr. Stehl while Dr. Stehl...

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