County of Butte v. Superior Court

This proceeding arises out of an action for damages for the alleged wrongful death of one Robert Over-street while a patient at the Butte County Hospital. The first count of the complaint charged negligence in the treatment of decedent. The second count charged that the county failed to provide adequate facilities, and the third count charged that there was a dangerous and defective condition of public property in that there was no suitable oxygen tent available in the hospital. The county’s demurrer to the complaint was overruled, and it thereupon applied to this court for a writ of…