Williams v. Pomona Valley Hospital Ass'n

This action was one to recover on account of personal injuries occasioned by reason of alleged negligence on defendant’s part. The complaint alleges plaintiff’s entrance as a patient in defendant’s hospital; that while in said hospital and unconscious, a servant of defendant placed hot-water bags on or about plaintiff’s feet in such a careless and negligent manner that plaintiff’s feet were badly burned and scalded, from which he suffered damages. The answer admits the allegations of the complaint, other than the averment of negligence, the extent of the injuries claimed, and the expenditure the basis of special damages. The case was heard by a jury and resulted in a verdict for defendant and judgment accordingly, from which judgment, and an order denying a new trial, plaintiff appeals.

The errors assigned by appellant are numerous; the principal one, and the error which, to our minds, is most prominent, arises from the action of the court in giving the following instructions:

The court gave the further instruction: “The fact that plaintiff’s feet were burned, is not a fact or circumstance to be taken into consideration by you in determining the question of whether or not Miss…