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BENEDICT v. BONDI

384 Pa. 574 (1956)

Benedict, Appellant, v. Bondi.

Supreme Court of Pennsylvania.

April 16, 1956.

Attorney(s) appearing for the Case

Bresci R.P. Leonard, with him Paul K. McCormick and Van der Voort, Royston, Robb & Leonard, for plaintiffs, appellants.

William A. Challener, Jr., for defendant doctor, appellee.

Bruce R. Martin, David Roth, Dalzell, Pringle, Bredin & Martin and Kaplan, Finkel & Roth, for defendant hospital, appellee.

Before STERN, C.J., JONES, BELL, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. CHIEF JUSTICE HORACE STERN, April 16, 1956:

This case is ruled by the principles enunciated in McConnell v. Williams, 361 Pa. 355, 65 A.2d 243.

According to the testimony presented on behalf of plaintiffs it appears that the minor plaintiff, J. Hogan Benedict, a three-year old child, became seriously ill one evening and was rushed the next day to the McKeesport Hospital where an emergency operation was performed by defendant Dr. Frank...

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