Wilbur

Wilbur v. Emergency Hospital Assn.

Good Law
1915 Cal. App. LEXIS 143·27 Cal. App. 751·151 P. 155
Court of Appeal of CaliforniaJune 24, 1915Civ. No. 1540.California3,901 words

Opinion

Lead Opinion

Shaw, J.

This action was instituted by plaintiff, a widow, against defendants, both of which are corporations, to recover damages for the loss of her minor son, whose death it is alleged occurred as a result of negligence on the part of defendants.

A trial was had by a jury which rendered a verdict in favor of plaintiff, upon which verdict judgment was entered against both defendants and from which judgment, and an order denying its motion for a new trial, the Emergency Hospital Association appeals; and the American Hospital Association likewise appeals from an order denying a like motion for a new trial made by it.

The judgment-roll is accompanied by a bill of exceptions upon which the motions for new trial were made.

The material facts upon which the action is based are as follows: Plaintiff’s son, Eugene L. Wilbur, of the age of about 18 years, was a member in good standing of the American Hospital Association which, in case of sickness of its members, undertook, in consideration of stipulated sums paid by them at regular intervals, to furnish them with such medical attendance, nursing, and hospital care as might be necessary and required during such illness. The American Hospital…

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