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QUINBY v. MORROW

No. 28, Docket 28834.

340 F.2d 584 (1965)

Elsie Clark QUINBY, Guardian of Kathy L. Barrows, Plaintiff, v. Rufus C. MORROW, Eleanor Krukonis and Mary Fletcher Hospital, Defendants.

United States Court of Appeals Second Circuit.

Decided January 14, 1965.

Attorney(s) appearing for the Case

Robert K. Bing, Burlington, Vt. (Gravel & Bing, Burlington, Vt., on the brief), for Elsie Clark Quinby.

John M. Dinse, Burlington, Vt. (Wick, Dinse & Allen, Burlington, Vt., on the brief), for Rufus C. Morrow.

A. Pearley Feen, Burlington, Vt., for Mary Fletcher Hospital and Eleanor Krukonis.

Before LUMBARD, Chief Judge, and FRIENDLY and MARSHALL, Circuit Judges.

LUMBARD, Chief Judge.

These are cross-appeals from judgments in favor of the plaintiff against one defendant and in favor of the two other defendants in a tort action brought in the District Court for Vermont. The plaintiff sought damages for a third degree burn sustained by her ward when the surgeon placed a hot metal gag in her mouth during a tonsillectomy. The defendants are the Mary Fletcher Hospital, the surgeon, Dr. Rufus C. Morrow, and the instrument nurse...

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