Thomas v. Seaside Memorial Hospital

Charging negligence on the part of respondent which resulted in the death of his eight-month-old baby appellant brought this action for damages. At the conclusion of his evidence a motion for nonsuit was granted. This appeal is from the judgment of nonsuit.

The complaint alleges that appellant and his wife caused their baby to be placed in the hospital operated by respondent for a minor surgical operation — the removal of a tumorous birthmark known as haemonglioma on the child’s shoulder ; the birthmark was successfully removed by the operating surgeon; at the time of performing the operation…