Jankelson v. Sisters of Charity of the House of Providence

(dissenting)—I am unable to concur in the majority opinion. The factual situation developed in this case is so much like that of the case of Clampett v. Sisters of Charity, post p. 652, 136 P. (2d) 729, I feel it should be governed thereby.

The point of difference between Judge Robinson and the other members of the court who share his views and myself seems to be whether the evidence in the two cases, and any inferences that may be drawn from the same, warrants the conclusion that the electric pads involved were defective, and, by reason thereof, caused the flesh burns of which complaints were…