Smith v. Industrial Hospital Ass'n

Sometime after the institution of this appeal, the plaintiff, Eugene E. Smith, died and Ida B. Smith, his wife, as administratrix of plaintiff’s estate, was substituted in his stead as the plaintiff-respondent. Our references hereinafter to the plaintiff will, however, be to the decedent, Engene E. Smith.

The plaintiff brings this action to recover from the defendant-appellant, Industrial Hospital Association, for certain medical and hospital expenses incurred by plaintiff by reason of an operation in April, 1948, for rectal cancer. The jury found for plaintiff. The defendant rests its appeal…