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.28 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 8S. ©. 
Mich. 501; Myers v. Holborn, 226. 
58 N. J. L. 193. 
29 Tomer v. Aikin, 126 Iowa 
114, 101 N. W. 769. 
