Brase v. Williams Sanatorium

• Decision Date: 03 August 1934
• Docket Number: No. 29982.,29982.
• Citation: Brase v. Williams Sanatorium, 192 Minn. 304, 256 N.W. 176 (Minn. 1934)
• Parties: BRASE v. WILLIAMS SANATORIUM, Inc., et al.
• Court: Minnesota Supreme Court

256 N.W. 176

192 Minn. 304

BRASE v. WILLIAMS SANATORIUM, Inc., et al.

No. 29982.

Supreme Court of Minnesota.

August 3, 1934.

Appeal from District Court, Waseca County; Fred W. Senn, Judge.

Action by Carl E. Brase, executor of the estate of Arthur Brase, deceased, against the Williams Sanatorium, Incorporated, and another. From an order denying defendants' motion for judgment notwithstanding the verdict or a new trial, defendants appeal.

Affirmed.

Daggett & Redlund, of St. Paul, and Chas. Spillane, of Waseca, for appellants.

Gallagher, Madden & Gallagher, of Waseca, for respondent.

LORING, Justice.

Appeal from an order of the district court of Waseca county denying defendants' motion for judgment notwithstanding the verdict or a new trial.

The Williams Sanatorium, Inc., is a hospital at Hudson, Wis., operated by and for the profit of Boyd Williams, a physician. November 14, 1932, Arthur Brase entered the hospital of the defendant for the purpose of being treated for a small cancer upon his lip. During the afternoon of that day Dr. Williams treated the cancer. The treatment was painless and Brase apparently suffered no ill effects therefrom, although he remained at the hospital. He was up and about during the evening of November 14 and the following day and appeared to be in normal health. Some time between 11 and 12 p. m. on the evening of November 15, however, Brase was found partly dressed attempting to get out onto a porch of the hospital. The nurse who apprehended him testified that he was slightly delirious but that she had little difficulty in persuading him to return to his bed. He talked irrationally and made several attempts to rise from his bed, but was restrained by two nurses. Shortly after his return to bed he became highly excited, and the two nurses testified that it was necessary for them to apply restraints in order to keep him in bed. Dr. Williams was not at the hospital, having gone to Minneapolis during the early part of the afternoon; but about 1 a. m. on the morning of November 16, he was informed by telephone of the patient's condition. He advised the nurses to use restraints, although this had already been done, and also instructed them to administer a hypodermic of strychnine. The restraints placed on Brase consisted of heavy ticking which was placed across his knees, the ankles were fastened to the foot of the bed, and the arms strapped to the sides of the bed; one of them being fastened by a handcuff. One hypodermic of strychnine was given Brase soon after 1 o'clock, but his delirious condition continued. Another hypodermic was given him a short time before he died. He fought strenuously to free himself of the restraints until about 4 o'clock on the morning of the 16th, when his struggles ceased and at about 6 o'clock he died. The cause of death is in dispute.

At the time Brase entered the hospital he was given a physical examination by Dr. Williams, who testified that Brase was in good health. His doctor at Waseca had examined him shortly before and came to the same conclusion. An autopsy showed the vital organs of the body to be normal, with the exception of the lungs, which were...