Johnson v. St. Patrick's Hospital

THE HONORABLE VICTOR H. FALL, District Judge, sitting in place of MR. JUSTICE WESLEY CASTLES delivered the Opinion of the Court.

This is an appeal by the defendants from an adverse judgment rendered by the court below. The complaint was based upon a charge of negligence against the defendants and was tried to the court siting without a jury. Essentially the factual situation as presented was as follows:

The plaintiff, Bror Johnson, when doing construction work for the Northern Pacific Railway in 1940 fell some 55 feet from a trestle and sustained, among other injuries, a severe hurt to his…