Birmingham Baptist Hospital v. Branton

Count X of the complaint, on which the case was submitted to the jury, in substance, avers that the defendant for reward undertook and engaged to nurse and care for plaintiff, during her accouchement, and that defendant’s servant or agent, on being informed that plaintiff was about to give birth to the child and being requested to call the physician, while acting within the scope of her employment, negligently failed and refused to call the physician, and as a proximate consequence plaintiff was denied the presence, aid, and assistance of such physician during the birth of her child, to her…