Birmingham Baptist Hospital v. Branton

The action was brought under the homicide statute by the father for the death of his minor son. Plaintiff's cause is stated in two counts. All other counts were withdrawn. The gist of the cause of action is contained in count H, as follows:

"Defendants so negligently conducted themselves in or about the birth or delivery of said minor son of plaintiff, that as a proximate consequence of said negligence, plaintiff's said minor son died."

Count I reads:

"Defendants so negligently conducted themselves in or about nursing plaintiff's said minor son that as a proximate consequence of said negligence,…