Vaughan v. Memorial Hospital

Woods, Judge:

Prom an order of the circuit court of Mercer county setting aside a verdict for the plaintiff and. awarding defendant a new trial, the plaintiff prosecutes this writ of error.

On April 5, 1923, plaintiff, W. A. Vaughan, a coal miner, by reason of a fall of slate and coal, sustained an injury to his right foot' — two bones near the first and second joint of the second and third toes being broken. On April 7th he was taken to Memorial Hospital, defendant, for treatment, under whose care he remained until discharged some weeks later. During said period of treatment his foot and ankle…