279 Pa. 377 | Pa. | 1924
Opinion by
These appeals by plaintiffs are from the trial court’s refusal to take off a compulsory nonsuit in an action by husband and wife for personal injuries to the latter. The defendant, Dr. George E. Pfahler, has offices in Philadelphia where he and his assistants are engaged, inter alia, in taking and developing X-ray photographs. The wife plaintiff, Mrs. Sarah F. Nixon, while having X-ray photographs taken of her teeth in defendant’s offices on March 2, 1920, was injured by an electric spark which struck her right knee and passed down and out at her foot. Plaintiffs’ statement in general terms charged negligent construction, operation, etc., of the apparatus by which the photographs were taken. At the trial no evidence of negligence was offered, plaintiffs resting their case solely on proof of the accident. They did, however, call the defendant, as for cross-examination, and his uncontradicted testimony was, in effect, that his . offices were equipped in every respect with the best obtainable appliances and were at the time in charge of an experienced and skillful operator.
The X-ray exposure necessitates the passage of an electric current of small volume but very high voltage through a wire suspended about two feet above where the patient reclines. The defendant’s testimony was
A distinction is sought to be made between the Stemons case and the present on the ground that there the injury was to the part of the body at which the instrument was directed, while here it was not. But the transmission of an electric current is a necessary part of X-ray work and cannot be separated from the operation so as to constitute a distinct act and cast upon the operator the burden of proving care in its use. Undoubtedly the negligence of a physician may be shown by circumstantial evidence, as it may in other cases, but nothing appears here except the happening of the accident, which, as above stated,. is insufficient. Furthermore, the evidence submitted shows the exercise of proper care on behalf of defendant. So far as appears, the unfortunate occurrence now under consideration, was purely accidental and the trial court properly so held.
The order discharging the rule to take off nonsuit is affirmed.