Gadsden General Hospital v. Bishop

In order to recover under the complaint in this case, the essential facts tijereta alleged must be established: (1) That plaintiff’s intestate died of smallpox; (2) that he contracted the disease while he was a patient in the defendant hospital; (3) that this resulted from infection communicated to him from another patient who was in the hospital during the intestate’s presence there; (4) that defendant’s nurses, agents, or servants who' controlled or managed the hospital knew that such other patient was afflicted with smallpox; and (5) that they so negligently handled said patient that they…