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WILMINGTON GENERAL HOSPITAL v. MANLOVE

174 A.2d 135 (1961)

WILMINGTON GENERAL HOSPITAL, a corporation of the State of Delaware, Defendant Below, Appellant, v. Darius M. MANLOVE, Administrator of the Estate of Darien E. Manlove, Plaintiff Below, Appellee.

Supreme Court of Delaware.

October 2, 1961.

Attorney(s) appearing for the Case

Rodney M. Layton of Richards, Layton & Finger, Wilmington, for appellant.

Joseph T. Walsh, Wilmington, for appellee.

SOUTHERLAND, Chief Justice, WOLCOTT, Justice, and CAREY, Judge, sitting.

SOUTHERLAND, Chief Justice.

This case concerns the liability of a private hospital for the death of an infant who was refused treatment at the emergency ward of the hospital. The facts are these:

On January 4, 1959, Darien E. Manlove, the deceased infant, then four months old, developed diarrhea. The next morning his parents consulted Dr. Hershon. They asked whether the medicine they had for him was all right and the doctor said that it was. In the evening...

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