Stonaker

In an action for damages against a hospital, two nurses and a surgeon, in Ventura County, the jury were directed to return a verdict in favor of the defendants, and the plaintiff appealed from the judgment.

From such argument in the briefs as is based upon evidence- appearing in the record, as distinguished from statements of counsel, we assume that the contention as to its sufficiency to warrant submission of the ease to the jury is founded principally upon negligence in failing to examine an ether machine used during an operation, and the fact that the patient’s adenoids were removed after discovery that an excessive amount of ether had been administered.

It appears without contradiction that the hospital corporation was established and conducted as a charitable institution; that appellant employed the surgeon who performed the operation, and made independent arrangements for hospitalization. Witnesses for all of the parties were unanimous in their testimony that respondent Tillim did not furnish, assemble, inspect or prepare the ether machine for use; that it was the duty of the anaesthetist to superintend such work and to test the machine before it was used, and that proper…