Mullikin v. Jewish Hospital Ass'n of Louisville

BIRD, Chief Justice.

Jacob Albert Demaree was a patient in appellee’s hospital. It is alleged in this action that he died from injuries received when he fell from his hospital bed. It is charged that these injuries resulted from the negligence of the hospital, its agents, servants and employees.

In answer to the charges of negligence the operators of the hospital first asserted that the complaint failed to state a claim upon which relief can be granted. Secondly, the allegations of negligence were denied in toto.

The third defense is as follows:

“Defendant is and was at all times herein…