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SCACCHI v. MONTGOMERY

365 Pa. 377 (1950)

Scacchi, Admr., Appellant v. Montgomery.

Supreme Court of Pennsylvania.

September 25, 1950.

Attorney(s) appearing for the Case

Charles S. Schermer, with him Sol R. Gitman, for appellant.

Philip H. Strubing, with him Evans, Bayard & Frick, for appellee.

Before DREW, C.J., STERN, STEARNE, JONES and BELL, JJ.

OPINION BY MR. JUSTICE BELL, September 25, 1950:

This is an appeal from an order of the court below dismissing plaintiff's motion to take off a non-suit.

Yola Scacchi consulted Dr. Montgomery, who decided that the patient's right tube and ovary should be removed because of an ovarian cyst. Shortly after the second operation the patient died and her administrator brought this action against the Doctor, alleging that after the first operation the ligature was...

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