Barnett v Kensington & Chelsea Hospital Management Committee (1969)

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At about 5 am on 1 January 1966, three night watchmen drank some tea. Soon afterwards all three men started vomiting. At about 8 am the men walked to the casualty department of defendants' hospital, which was open. One of them, deceased, when he was in the room in the hospital, lay on some armless chairs. He appeared ill.

Another of the men told the nurse that they had been vomiting after drinking tea. The nurse telephoned the casualty officer, a doctor, to tell him of the men's complaint. The casualty officer, who was himself unwell, did not see them, but said that they should go home and call in their own doctors. The men went…

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