84 ESSENTIALS OF VETERINARY LAW 
would not be considered as a release from liability, 
unless such release were clearly indicated. It fol- 
lows, therefore, that after an operation the sur- 
geon should be watchful for the slightest evidence 
of unfavorable results. This is especially neces- 
sary in the care of animals, for those responsible 
for their care are frequently unfitted, through lack 
of special education, to detect and appreciate early 
symptoms of trouble. 
05. Liability for Accidents. In veterinary 
practice it is quite common, in order to reduce the 
expense of treatment, that the owner of the animal 
treated furnishes needed assistance to the veteri- 
narian, either personally, or by the aid of his 
regular helpers. In case of accidents the question 
arises, Who is liable? A physician is liable to his 
assistants if he assures them that there is no dan- 
ger, and by virtue of trusting to his professional 
knowledge harm results, such as becoming infect- 
ed with a disease.28 When the assistant has been 
warned of the danger it would be generally held 
that he was guilty of contributory negligence, and 
the veterinarian or physician would be freed from 
liability. A hospital was held liable for the diph- 
theria which the nurse contracted from one of her 
patients, it being shown that cultures taken 
showed that the first case was one of diphtheria, 
but the nurse was not informed of the fact.3® 
A physician or surgeon is held liable if it be 
38 Spa v. Ely, 8 Hun, 255; 39 Hewett v. Woman’s Hospi- 
Edwards v. Lamb, 69 N. H. tal Aid Assn., 73 N. H. 556. 
599, 45 At. 480, 50 L. R. A. 
160. 
