Bailey v. Long

• Decision Date: 13 December 1916
• Docket Number: (No. 485.)
• Citation: 90 S.E. 809
• Court: North Carolina Supreme Court
• Parties: BAILEY. v. LONG.

(172 N.C. 661)

90 S.E. 809

BAILEY.

v.LONG.

(No. 485.)

Supreme Court of North Carolina.

Dec. 13, 1916.

Appeal from Superior Court, Burke County; Webb, Judge.

Action by J. W. Bailey against H. F. Long. From a judgment sustaining a demurrer to the complaint, plaintiff appeals. Demurrer overruled, and defendant allowed to answer.

Avery & Ervin, of Morganton, and M. H. Yount and D. L. Russell, both of Hickory, for appellant.

S. J. Ervin, of Morganton, W. D. Turner, of Statesville, and Spainhour & Mull, of Morganton, for appellee.

BROWN, J. [1] The cause of action, as stated in the complaint, upon demurrer, must, as to the facts alleged, be taken to be true. The facts alleged are substantially these. Plaintiff's wife was suffering with a broken hip and taken to defendant's hospital at Statesville by the plaintiff for treatment. "The defendant not only undertook and contracted to attend and care for her in a proper and skillful manner as a physician and surgeon, but also undertook and contracted to provide for her a suitable and safe room in his said hospital, and to give her proper nursing and attention while an inmate of his hospital."

The complaint further alleges that by reason of the defective condition and construction of defendant's hospital, and especially on account of the defective condition and construction of the windows of the room where plaintiff's wife was placed by defendant, the rains beat into the room to such an extent that the floor of the room was covered with water to a depth of more than one inch on several occasions while plaintiff's wife was a patient and was allowed to remain so for the space of several hours, thus rendering the said room cold and damp by reason of which the health of plaintiff's wife was greatly impaired, and on account of which she contracted a severe cold, which grew gradually worse, on account of the failure of the defendant to properly and skillfully treat, provide, and care for plaintiff's wife, which cold developed into pneumonia, from which she died on or about the 15th day of November, 1913.

That the unhealthy and improper condition of said room in which the sick wife of the plaintiff was placed by the defendant was due to the gross carelessness and negligent acts of the defendant, and his failure to have said room properly constructed and kept in repair for the purposes for which it was intended, that is to say, for the reception of sick patients while under treatment by said defendant in said hospital, and by reason of the careless and negligent acts, and failure in duty of the defendant as hereinbefore set out, this plaintiff has been greatly and seriously damaged and suffered great pain and mental anguish, as follows: (a) To his feelings and sympathies in witnessing the agony and suffering of his said wife while lingering with...