The opinion of the court was delivered by: DUSEN
In this action for damages, as a result of hospitalization, convalescence and resulting losses alleged to have been caused by the defendant's negligence in failing to detect and warn the 43 year old plaintiff of evidence of tuberculosis on x-rays taken in 1954, 1955, and 1956,
plaintiff testified that x-rays had been taken of his chest approximately once a year from 1940, when he started to work as a civilian for the Navy, to 1954 and thereafter about every six months (N.T. 10-11). The following x-rays, taken prior to the hemorrhaging on May 29, 1956, which caused plaintiff's hospitalization, were offered in evidence as showing some evidence of active tuberculosis:
11/19/52 70 mm. film of TB. Assn.
(D-3) (downtown Phila. -- probably 19th & Walnut Streets)
Slight abnormality at top of right lung
12/17/52 14 X 17 film of TB. Assn. (D-4) (downtown Philadelphia)
A spot, highly suspicious of TB.
3/ 2/54 70 mm. film of TB. Assn. (D-7) (downtown Phila., probably 19th & Walnut Streets)
Possibly some increase in the abnormality shown in D-3 (see D-11)
4/19/55 14 X 17 film of Phila. Navy Yard (P-10)
Lesion above first rib shows minimal TB.
10/21/55 14 X 17 film of Phila. Navy Yard (P-10)
Irregular cavity for first time below first rib & first evidence of moderately advanced TB.
3/26/56 35 mm. film of Burge Clinic (19th and Walnut Streets)
'Increased density right upperlobe level right 1st rib and 1st interspace anteriorly. Reinfection type (adult type) tuberculosis a possibility' (P-9)