(Download) "Simons v. Northern Pac. Ry. Co. Et Al." by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Simons v. Northern Pac. Ry. Co. Et Al.
- Author : Supreme Court of Montana
- Release Date : January 25, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Personal Injuries ? Hospitals ? Physicians and Surgeons ? Partnership ? Negligence of Nurse ? Liability of Partners ? Existence of Partnership Jury Question ? Principal and Agent ? Respondeat Superior. Personal Injuries ? Railway Physicians and Surgeons Using Railway Hospital for Private Practice ? Negligent Act of Nurse ? Hospital and Association for Which Maintained Held not Liable Under Doctrine of Respondeat Superior. 1. In an action against a railway company maintaining a hospital for the benefit of its employees, a beneficial association composed of such employees, and the medical staff of the hospital who were permitted to treat private patients therein with the aid of its equipment and nurses under an arrangement which amounted to a partnership, they paying a monthly rental for such use, brought by a private patient for injuries due to the act of a nurse in using a poisonous solution instead of boric acid for a bladder injection, held that in the absence of evidence showing negligence on the part of one for whose act the railway company and beneficial association were liable on the theory of principal and agent a directed verdict in their favor was proper. Hospitals ? Keeping of Poisonous Drugs in Odd-shaped and Colored Bottles ? Requirement not Applicable to Hospitals. 2. The recommendation of authorities that poisonous drugs should be kept in odd-shaped and colored bottles has reference to sales over the counter by drug-stores, rather than to hospitals, to prevent mistakes after the drug has passed into the hands of those not familiar with it. Physicians and Surgeons ? Nurses ? When Former Liable Under Rule of Respondeat Superior. 3. Where a physician retains complete control of a case and renounces no part of his functions as sole physician, but delegates to another the manual administration of the prescribed treatment, the relation of principal and agent exists, whether the person administering the treatment be a layman, a physician or a nurse, and he is responsible under the rule of respondeat superior. Partnership ? Existence One of Fact. 4. While the question of what constitutes a partnership is one of law, the question of its existence is one of fact to be answered by the relationship subsisting between the parties.
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