Deming graphic. (Deming, N.M.) 1903-1948, 1921-02-01
HOSPITAL HERE LOST
FEDERAL COURT SUIT
Mrs. Beatrice II. Price, Camp Cody
Officers Wife. Gets Judgment for
S6,5OO for Injuries Sustained.
HOWEVER, PAYMENT UNCERTAIN
Directors Are Relieved From Personal
Responsibility. and There Is no
Fund Available for Purpose.

Judgment was rendered In the fed
eral court at Santa Fe Sunday In the
sum OF $1,000 In favor of Mrs. Beatrice
III. Price against the Deming ladies'
Hospital. The suit was brought by
Mss Price for damages for alleged
Injuries resulting from barns which
the plaintiff sustained while a patient
In the local institution.
While the verdict Is an unpleasant
surprise 10 the directors OF the hospital
association, II is thought that II will
be set aside. The personal RESPONSE
bilty OF the directors was not fixed
and judgement against the hospital
fund Is probably not coilectable since
no fund exists, the hospital being
charitable institution. Negligence ON
account OF the use Of metal hotwater
bottles which caused the injuries was
disproved and the testimony relating
thereto was stricken from the record.
The case was tried in the federal
court last year but the jury at that
time failed TO agree ON verdict.
Mrs. Price brought her suit for $20.-
600 dollars against The Deming Ladies'
Hospital association, corporation,
Mrs. Ascha Field. ]. A. Mahoney. Mrs
Katherine Moir, II. CongdOn Brown,
Mrs. j. A. Mahoney and Mrs Emma
Duff
The complaint set forth that Plaintiff
Is resident Of Minnesota and that ON
March q, 1913. she went to the hospital
TO undego an operation for appended
tbs ana 10 receive necessary care fol-
lowing the operation; that on March
q, 1918. she underwent the operation
and while under the anesthetic n Miss
Schilling, employed by the hospital
placed metal hot water bottles OF a
high temperature about the legs and
feet Of plaintiff
BY reason of leaving these bottle
next 10 the plaintiffs- flesh, roasting
she thereb suffered con
tinually since that time excruclating
mental and physical anguish and tor
ture that resulted in y rmanent inJur-
les and permanent shock TO the ner-
yOus system.
further allegation attempted 10
show negligence in the use OF metal
rather than other types Of hot water
bottles as not being after the best
practices and standards Of well kept
hospitals. A third allegtion attempted
10 show casuse of action ON the grounds
that the mntron of he hospital was not
a trained nurse.
The defendants in the suit presented
evidence TO show that the hospital did
not employ nurses nor surgeons and
that Miss Schilling was in fact a spe-
ial nurses employed by Mrs. Price.
II was further contended that the hos
pltal Is a charitable institution that
takes paid patients only incidentally
ana is operated for the convenience Of
the public. The facilities furnished
include only an operating room, board
and lodging for nurses and patients.
The theories OF chemist whose
testimony was afterward disrega rded,
tended TO show that metal hot water
bottles gave off their heat more quickly
than rubber ones While it was shown
that metal did radiate faster than rub
Der still the average time il took To
cool them was practically the same be-
cause they were usually In contact with
poor conductors of heat such as the air,
bed clothing and the flesh and could
not therefore cool any faster than the
heat could be absorbed. DIR. 4. u.
Nickers was prepared TO make these
experiments in court, but the striking
out OF the chemists testimony made
them unnecessary.
r. f. Hamilton and A. Il. Renehan
conducted the case for the defense.