Longuy

The defendant, a corporation commonly known as the French Hospital of San Francisco, appeals from a judgment after a verdict in favor of the plaintiff, rendered in an action brought by plaintiff to recover damages for the death of his infant child, caused, it is alleged, by being fatally burned while an inmate and under the care of the defendant. Liability of the defendant is predicated upon the alleged carelessness and negligence of one of the student nurses of the defendant placed in charge of the child by the hospital superintendent. Trial was by a jury, which rendered verdict in plaintiff’s favor in the sum of $5,134.

The little girl, two and one-half years old, and her mother were members of a mutual association, paying certain monthly dues for the privilege of membership, which entitled them to surgical and medical treatment gratis at the French hospital. During the influenza epidemic in Oc tober, 1918, the child was very ill with bronchial pneumonia, probably induced by influenza. She was taken to the hospital by the mother and remained there until her d,eath, which occurred about two weeks later. During the latter part of the period oxygen was administered on two…