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October 12, 1935


JAMA. 1935;105(15):1193-1194. doi:10.1001/jama.1935.02760410037016

A roentgenographic negative made by a physician as an aid to diagnosis and treatment is, in Michigan, the property of the physician who makes it, unless he has entered into an agreement waiving ownership. The Supreme Court of Michigan rendered this decision September 9,1 the first rendered by a court of last resort with respect to the ownership of roentgenographic negatives. The decision is binding on all courts in Michigan and it may have persuasive influence on courts in other jurisdictions.

Dr. Burton G. McGarry of Fenton, Mich., on whose initiative this case was brought to a successful issue, had treated an injured employee of the defendant, the J. A. Mercier Company, at its request. The company refused to pay for his services, basing its refusal in part on the ground that Dr. McGarry refused to deliver to the company, for examination by other physicians, certain roentgenographic negatives of