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· 10/5/1938

People ex rel. Kammerer v. Brophy

Citations

  • 255 A.D. 821
  • 7 N.Y.S.2d 34
  • 1938 N.Y. App. Div. LEXIS 5430

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that hospitals directly “undertake to treat the patient” because they “employ on a salary basis a large staff of physicians, nurses and internes” and “charge patients for medical care and treatment”
  • concluding that hospitals directly “undertake to treat the patient” because they “employ on a salary basis a large staff of physicians, nurses and internes” and “charge patients for medical care and treatment”
  • objecting that “the special skill of other employees (such as airplane pilots, locomotive engineers, chemists, to mention but a few) has never been the basis for denying the application of respondeat superior”
  • objecting that “the special skill of other employees (such as airplane pilots, locomotive engineers, chemists, to mention but a few) has never been the basis for denying the application of respondeat superior”
  • describing historical view of courts that physicians, due to the nature of their professional expertise, were not subject to hospital's right of control
  • describing historical view of courts that physicians, due to the nature of their professional expertise, were not subject to hospital’s right of control

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.