Cavero v. Franklin General Benevolent Society

In this action for the wrongful death of plaintiff’s 3-year-old son the jury returned a verdict in favor of plaintiff and against defendant Franklin General Benevolent Society,1 a corporation (hereinafter termed the hospital), and against plaintiff and in favor of defendants Dr. Nellie B. Null and Dr. John Null.2 Judgment was entered accordingly, and the hospital appeals.

It appears that on the morning of July 5, 1946, plaintiff’s son entered defendant hospital for the purpose of having his tonsils and adenoids removed by the Drs. Null. During the operation the anesthetic, which was gas and…