미국 판례 평석 - Report For The Case about O`Brien`s accusation, 28 N.E. 266 - 영문 판례, 영문 판례 평석

소개글

영미법 판례평석
불법행위 중 negligence, 과실에 관한 판례평석
항해 도중 승객에게 의무된 예방주사를 맞은 한 승객이
이미 승선하기 전, 같은 예방주사를 맞았음에도 불구하고 예방주사를 추가로 맞음으로써 발생한 질병에 대하여
의사의 과실을 주장하는 판례
의사의 과실 유무에 관한 문제

목차

Summarize the event

Issue

Rule

Application

Conclusion

Opinion

본문내용

Summarize the event
During the transportation from Queentown to Boston in a steam-ship, O`Brien and about 200 women passengers were assembled and noticed that they were to be vaccinated, by a surgeon`s speech and conversations within them. Notices of the regulations at the vaccinating were posted in various languages, but she didn`t read it before. There was a long line and O`Brien stood in the line, but didn`t hear the surgeon`s saying because of a long distance. When her turn came, he looked at her arm and said there was no mark, so she should be vaccinated. She told him she had been vaccinated before, but it left no mark. But, he said nothing and she held up her arm to be vaccinated without anyone`s touch. Then, he gave her the ticket certifying that he had vaccinated her. O`Brien accused Cunard S.S. Company of assault.

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