McBride

The plaintiff, a minor, commenced an action to recover damages for burns inflicted on his leg while a patient in the hospital operated by the defendant corporation. The defendant answered; a trial was had in the lower court before a jury; the jury brought in a verdict for $5,000; a judgment was entered for that sum, but on the presentation of a motion for a new trial the plaintiff consented to waive $2,000 of the verdict and that the judgment be reduced to the sum of $3,000. Thereupon the motion for a new trial was denied and the defendant has appealed, bringing up a bill of exceptions.

Mrs. McBride, the mother of the plaintiff, testified: “That at the date of the trial the plaintiff was nine years of age; that in February, 1920, Mr. McBride and I were living at 1147 Benton Way, Los Angeles; we had but one child, Johnnie, and at that time there was nothing the matter with his health except for his tonsils and his nose bothering him; I consulted Dr. Ruddy, who advised that there was a growth in the nose and that it should be removed and that his tonsils should be removed; the doctor advised me to go to the Clara Barton Hospital. Later I called the hospital on the telephone and…