Richardson v. Dumas

Citations

• 106 Miss. 664
• 64 So. 459

Syllabus

<p>1. Hospitals. Injury to patient. Liability of proprietor. ’Negligence of servants. Question for jury. Appeal and error. Reversal.</p> <p>The owner or proprietor of a private hospital or sanitarium, operating for profit, which is not charitable, is liable in damages for the negligence of his employees whereby a patient was injured.</p> <p>2. Same.</p> <p>Under the facts as shown by the evidence in this case the question of the liability of the defendant should have been submitted to the jury, as the patient was under the control and care of the defendant and his employees, the nurses. By the contract it was the duty of the defendant to give the patient all the attention required and the very nature of the occurrence, shows a prima fade case of negligence in failing to exercise due care in nursing and looking after the patient.</p> <p>3. Appeal and Errob. Amendment. Reversal.</p> <p>Where on the trial of a case plaintiff asked leave of the court to amend his declaration by changing certain words and the court allowed the amendment and treating the declaration as amended erroneously sustained a motion for a peremptory instruction for the defendant, the fact that the amendment was not actually made cannot be availed of by the defendant on appeal.</p>