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January 9, 1892

AN IMPORTANT DECISION.

JAMA. 1892;XVIII(2):52-53. doi:10.1001/jama.1892.02411060022008

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Abstract

In 1885 a Mr. Hartt, who had been a patient at the New York Hospital, brought suit against that institution for alleged ill-result following an operation performed upon him by Dr. W. T. Bull, one of the surgeons to the hospital. This suit was tried before Judge Barnard and a jury at White Plains, the question being as to whether the surgeon had performed the operation skilfully or not. A verdict was rendered in favor of the hospital.

During the past year the plaintiff brought another suit, on the same grounds, against Dr. Bull. This suit came before Judge Morgan J. O'Brien, last week, the defendant's counsel, Mr. Austen G. Fox, putting in the plea that as the suit had already been brought against the hospital, and had failed, the plaintiff had no standing in court, his case having been finally disposed of.

In this view the Judge concurred, rendering

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