Birmingham Infirmary v. Coe
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Dan A. Greene, Judge. Action hy Edward Coe against the Birmingham Infirmary for damages for personal injuries while being treated. Judgment for the plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; Dan A. Greene, Judge. Action hy Edward Coe against the Birmingham Infirmary for damages for personal injuries while being treated. Judgment for the plaintiff, and defendant appeals. The complaint charges that, while the. plaintiff was a pay patient in the defendant’s hospital and under his care, he was severely burned and injured by contact with a bottle as a result of the negligence of defendant’s servants, who were then engaged in their employment of caring for and attending plaintiff, which negligence consisted in negligently allowing said…
1Opinion of the CourtSomerville, J.
[1] Appellant interprets that portion of the oral charge to which exception was taken as an unequivocal instruction to the jury that the mere act of placing the hot water bottle in plaintiff’s bed, whatever its temperature, whether 110 or 210 degrees, was under the circumstances an act of negligence. The language of the charge is, indeed, somewhat involved, and may possibly have been understood by the jury in the sense suggested by appellant. But it is also cleanly susceptible of the meaning that the temperature of the water made no difference, whether it was 110 or 210 degrees, if in fact it…
2Cited by5 opinions
- Mobile Infirmary v. EberleinSupreme Court of Alabama · 1960
- Tennessee River Nav. Co. v. WallsSupreme Court of Alabama · 1923
- Thames v. Louisville N. R. Co.Supreme Court of Alabama · 1922
- South Highlands Infirmary, Inc. v. GallowaySupreme Court of Alabama · 1936
- Corey v. BeckIdaho Supreme Court · 1937