Miraglia

Plaintiffs appeal from a judgment, after jury verdict, 1 in favor of defendant in an action for wrongful death.

Questions Presented.

1. Was the jury improperly impaneled?

2. Was the giving of an instruction on contributory negligence error?

Record.

Plaintiffs are the heirs of Rose Miraglia, deceased. Their complaint alleged that defendant hospital had negligently, carelessly, wantonly and recklessly cared for the deceased, as *180 a result of which the deceased fell from her hospital bed, suffered a broken hip and other injuries, and died. Defendant answered, admitting the fall, denying any negligence and alleging contributory negligence on the deceased’s part. The jury found in favor of defendant. A motion for new trial was denied.

1. The Jury.

The procedure followed in this case is the standard procedure used in the San Francisco Superior Court. The attorneys in the case were notified that this ease was a “standby” for possible trial that day. This meant that the attorneys and their clients should appear in the department of the presiding judge at 10 a.m. and “standby” until 11. If no department was available at that time they would be required to return the next day and…