Pearson

Plaintiff was injured in a street-car accident in the city of San Diego at about noon on September 25, 1920. He was immediately taken to the Emergency Hospital in said city. At the hospital he was examined by the defendant Edwin H. Crabtree, who, at the time of the acci dent, was police surgeon, and as such officer had charge o£ said hospital, and it was his duty to give first aid attention to all persons injured in the city and brought to the hospital for treatment. The defendant Crabtree was a regular graduate of medicine and surgery and had been engaged in the practice of his profession for about ten years. Dr. Crabtree, after examining the plaintiff at the hospital, informed him that it was probable that there might be an impacted fracture of the left hip, but that he could not be positive about it without an X-ray, and suggested that plaintiff be taken to the St. Joseph’s Hospital in said city and there have an X-ray picture taken of his injured limb. The plaintiff acceded to this suggestion and was taken immediately to the last-named hospital. Dr. Crabtree telephoned to the St. Joseph’s Hospital that he was sending a patient there for the purpose of having an X-ray taken.…