Rouse v. Twin Pines Sanitarium, Inc.

Appellant brought this action in three counts: 1. for malpractice; 2. for assault and battery; and 3. for malicious prosecution. The second count has been dismissed with prejudice. Nonsuit was granted as to the first and third counts at the close of plaintiff’s case. From the judgments of nonsuit appellant has appealed and argues only as against respondents Snow and Hamilton.

Appellant is a barber and respondent Snow, a physician and surgeon, had been a customer in his shop. In July of 1952 appellant suffered a broken ankle after drinking for three days with his brother. He was taken to Park…