Every Df in who was in custody of the Pl for any
period was bound to exercise ordinary care to see that no
unnecessary harm came to him and each would be liable for
failure in this regard.
The Df employer would be liable for neglect of
their employees, and the doctor would be liable the negligence
of his temporary servers.
It is possible that one or more Df - will be found
liable and others absolved.
It is manifestly unreasonable for the unconscious
Pl for purposes of surgery, to identify who did the alleged
act. The control of instrumentalities which might have harmed
the Pl was in the hands of every Df or his employees or
The number of those in whose care the patient is
placed is not a good reason for denying reasonable opportunity
to recover for negligent harm. (Good reason to re-examine legal
theories with shocking results)
Where a Pl receives unusual injuries while
unconscious and in the course of medical treatment,
all those Df - who had any control over his body or the
instrumentalities which might have caused the injuries
may properly be called upon to meet the inference of
negligence by giving an explanation of their conduct.