Norwood Hospital v. Brown, 6 Div. 186.

CourtSupreme Court of Alabama
Citation122 So. 411,219 Ala. 445
Docket Number6 Div. 186.
Decision Date09 May 1929

122 So. 411

219 Ala. 445



6 Div. 186.

Supreme Court of Alabama

May 9, 1929

Rehearing Denied May 30, 1929.

Appeal from Circuit Court, Jefferson County; Richard V. Evans, Judge.

Action for damages by Ollie Mae Brown against the Norwood Hospital. Judgment for plaintiff, and defendant appeals. Affirmed. [122 So. 412]

Stokely, Scrivner, Dominick & Smith, of Birmingham, for appellant.

Wilkinson & Burton and Hollis O. Black, all of Birmingham, for appellee.


Plaintiff (appellee) complained of defendant that while she was a patient in the latter's hospital her arm had been burned by the application of hot water bottles, causing permanent and disfiguring injury. The main question on this appeal is raised by defendant's contention that it should have had the general charge requested in writing.

The argument for error in the matter of the charge refused in the trial court is rested upon two grounds: (1) That plaintiff was not burned; her injury resulted from the necessary and proper treatment given her by her attending surgeon; (2) that, if she was burned, it resulted from the negligence of a special nurse who was not the servant or agent of defendant-was an independent contractor.

1. The record has been carefully searched. Expert medical testimony was that plaintiff's injury complained of was the natural and unavoidable result of the treatment for the wound (that is, ligating the severed artery) on account of which she sought relief at defendant's hospital. Plaintiff had been wounded by a pistol shot which passed through her left shoulder, severing the subclavian artery, thereby largely cutting off the circulation in her left arm, and the medical men who testified in the case were of opinion that the decay and sloughing away of some of the flesh was due to interruption of the circulation, resulting in dry gangrene, and not to burns. If we were in position to pronounce with finality upon the issue thus presented, we would feel inclined to decide the question in agreement with the judgment of the medical witnesses as being by far the most reliable in the premises. But, according to the law of this court, adopted long before our time and consistently followed (Orman v. Scharnagel, 210 Ala. 381, 98 So. 123, and authorities there cited), a scintilla of evidence going to support plaintiff's contention as to the cause of her injury made it necessary to refer the issue of fact thus raised to the jury...

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27 cases
  • Browning-Ferris Indus. of Cal., Inc. v. Nat'l Labor Relations Bd., 16-1028
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • December 28, 2018
    ...added) (quoting Bennett v. New Jersey R.R. & Transp. Co. , 36 N.J.L. 225, 227 (N.J. 1873) ).4 See, e.g. , Norwood Hosp. v. Brown, 219 Ala. 445, 122 So. 411, 413 (1929) ("[T]he ultimate question in this connection is not whether the employer actually exercised control, but whether it had a r......
  • Corey v. Beck, 6476
    • United States
    • United States State Supreme Court of Idaho
    • October 16, 1937
    ...& Anderson, for Appellant. Regularly paid nurses are presumptively employees of the hospital. (Norwood Hospital v. Brown, 219 A. 445, 122 So. 411.) By demurrer the defendant Beck admits the truth of the allegations of the complaint. (1 Bancroft's Code Pleading, p. 294.) A hospital is under ......
  • Brandwein v. Elliston, 1 Div. 719
    • United States
    • Supreme Court of Alabama
    • February 19, 1959 support of the theory'. See also: J. C. Byram & Co. v. Livingston, 225 Ala. 442, 445, 143 So. 461; Norwood Hospital v. Brown, 219 Ala. 445, 446, 122 So. 411; Pelzer v. Mutual Warehouse Co., 217 Ala. 630, 117 So. 165; Kalevas v. Ferguson, 216 Ala. 625, 627, 114 So. IV. Plaintiff's hospita......
  • Alabama Power Co. v. Gladden, 7 Div. 522.
    • United States
    • Alabama Court of Appeals
    • June 29, 1940
    ...v. Scharnagel, 210 Ala. 381, 98 So. 123; Commonwealth Life Ins. Co. v. Clark, 25 Ala.App. 588, 151 So. 604; Norwood Hospital v. Brown, 219 Ala. 445, 122 So. 411. It must be said in this case that there was at least a scintilla, if not more, of evidence to support the plaintiff's complaint a......
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