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Torts keyed to Robertson
O’Brien v. Cunard S.S. Co.
Citation:
Supreme Judicial Court of Massachusetts, 1891. 154 Mass. 272, 28 N.E. 266.Facts
At the time, there were strict quarantine regulations in regard to the examination of incoming immigrants to see that they were protected from small-pox by vaccination. Only those who had a certificate from a medical officer of the steam-ship, stating that they were vaccinated were permitted to land without detention in quarantine. The Defendant, Cunard S.S. Co., had its surgeon vaccinate all immigrants who desired it and who were not protected by a previous vaccination and give them a certificate to be accepted at quarantine as evidence of their protection. Notices of the quarantine regulations and of the willingness of the Defendant’s surgeons to vaccinate were posted around the ship in various languages.
On the day of the events in question, around 200 women passengers were assembled below the deck and the Plaintiff, O’Brien, understood from conversation that they were waiting to be vaccinated. The Plaintiff then stood 15 feet away from the surgeon and saw him examine the women’s arms and proceeded to vaccinate those that had no mark. The Plaintiff did not hear the surgeon say anything to the women and after passing by each one, he gave them each a card. When the Plaintiff’s turn came, she showed the surgeon her arm and he looked at it and said there was no mark and that she should be vaccinated. The Plaintiff told him that she had been vaccinated before and that it left no mark to which he replied that he should vaccinate her again. The Plaintiff then held up her arm to be vaccinated without anyone touching her but she did not say that she wanted him to vaccinate her. The Plaintiff then took the ticket the surgeon gave her, certifying she was vaccinated and used it at quarantine.
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