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Torts Keyed to Prosser
De May v. Roberts
Citation:
46 Mich. 160, 9 N.W. 146Facts
De May was invited to Roberts’ home to delivery her baby. Fatigued from overwork, De May requested that Scattergood accompany him on the trip. De May was aware of Scattergood’s ignorance of the practice of medicine. Nonetheless, De May brought Scattergood inside Roberts’ home to help attend to the delivery. At the time, Roberts believed that Scattergood was an assistant physician and “a competent and proper person to be present” during the childbirth. Scattergood held Roberts’ hand during her labor pains. Roberts discovered after the childbirth that Scattergood was actually an “unprofessional young unmarried man.” Roberts sued De May and Scattergood for assault.
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