Donald v. Swann

The action was in two counts and against two defendants, to wit, the Birmingham Baptist Hospital and Dr. D. C. Donald, this appellant. The first count charged malpractice, "and the second a trespass to the person, as will hereinafter appear. The first count was charged out, and the affirmative charge was given on the second count as to the hospital, leaving a charge against Dr. Donald, this appellant, of trespass to the person, in that he by himself or agent extracted or attempted to extract fluid from the spinal column of plaintiff over plaintiff’s objection and against her will, from which…