80 ESSENTIALS OF VETERINARY LAW 



result therefrom. In other words, when an animal 

 is taken to a veterinary hospital for treatment the 

 management of the institution will be held re- 

 sponsible for all that transpires there, where in- 

 jury results either from negligence, carelessness, 

 or malpractice. 



A surgeon of a railroad, or a family physician 

 is not held liable for the malpractice of another 

 physician called in his absence, though he may 

 have recommended that in case of need such other 

 physician be called, when the physician called is 

 an independent practitioner, not in the employ or 

 partnership of the first. -^ Neither is one physi- 

 cian or surgeon to be charged with the negligence 

 or malpractice of an associate. Thus in a case 

 where two physicians were in attendance, and 

 one was discharged after the first day, the one 

 discharged could not be charged with the negli- 

 gence of the other; nor could he be himself charged 

 with negligence in the case, where, having once 

 been discharged in favor of another, he refused 

 to attend at the later request of the patient.^^ Nor 

 should a partner be charged with the act of his 

 co-partner, where the latter goes outside of the 

 legitimate scope or limit of the partnership, by 

 performing a wanton or willful act which in rea- 

 son the partner would not countenance or ratify.^" 



52. Liability of Partnership. Under the gen- 

 eral law relative to partnerships, the members 



28 Hitchcock V. Burgett, 38 30 Hyrne v. Erwin, 23 S. C. 

 Mich. 501; Myers v. Holborn, 226. 



58 N. J. L. 193. 



29 Tomer v. Aikiii, 126 Iowa 

 114, 101 N. W. 769. 



