McMahon v. Baroness Erlanger Hospital

These three suits were based upon the malpractice or negligence of a nurse selected by and in the employ of Baroness Erlanger Hospital, which is owned and operated by Hamilton County and the City of Chattanooga by and through a Board of Trustees.

At the conclusion of plaintiffs’ evidence the learned trial judge sustained defendants’ motion for peremptory instructions on the ground of governmental immunity.

Plaintiffs liave duly prosecuted this appeal and have assigned numerous errors, which we think can be condensed into the two propositions hereinafter stated.

On February 19, 1953, Mrs. Betty…