Baker

The plaintiffs in the above actions are husband and wife. Winifred M. Baker sues to recover damages for injuries sustained through the alleged negligence of defendant, and R. E. Baker for the loss of services of his wife and for medical expenses resulting from the said injury. The jury returned verdicts in favor of Winifred M. Baker in the sum of $10,000, and in favor of R. E. Baker for $1,000. Defendant filed motions for new trials and same being denied, judgments were rendered for plaintiffs for the aforesaid amounts, and from these judgments defendant appeals.

Appellant relies upon four points for reversal on this appeal. 1. That the Palo Alto Hospital was an eleemosynary institution and that appellant had exercised due care in selecting the hospital employees. 2. That appellant had no knowledge or notice of the defective condition of the lamp. 3. Erroneous instructions regarding charity doctrine and error of the court in refusing instructions requested by appellant. 4. The verdict in favor of Mrs. Baker is excessive.

“The courts of this country have almost unanimously arrived at the conclusion that hospitals organized for charitable purposes are not liable to their patients…