Thomas

Charging negligence on the part of respondent which resulted in the death of his eight-month-old baby appellant brought this action for damages. At the conclusion of his evidence a motion for nonsuit was granted. This appeal is from the judgment of nonsuit.

The complaint alleges that appellant and his wife caused their baby to be placed in the hospital operated by respondent for a minor surgical operation — the removal of a tumorous birthmark known as haemonglioma on the child’s shoulder ; the birthmark was successfully removed by the operating surgeon; at the time of performing the operation ether was administered to the child which rendered her unconscious ; after her removal from the operating room she was placed in a room in which there were four or five other patients; the mother was not permitted to remain in the room while the child was unconscious; during her absence the nurses employed in the hospital negligently failed to give proper attention to the child and permitted her “to smother from a collapse of her lungs while unconscious”; the mother upon returning to the room after an absence of approximately one hour and twenty minutes found the child dead in bed; the…