Olinger v. Horton Camp

Stacy, C. J. Conceding without deciding that the evidence of what transpired in the hospital is not sufficient to carry the case to the jury on the issue of any negligence there committed, it does appear that the evidence of negligence in the subsequent treatment of the case is good as against a demurrer and requires its submission to the jury. Nash v. Royster, 189 N. C., 408, 127 S. E., 356. This is not seriously questioned. There is error, however, in that portion of the judgment which authorizes the arrest of the defendant. Coble v. Medley, 186 N. C., 479, 119 S. E., 892; Short v. Kaltman, 192 N. C., 154, 134 S. E., 425. This will be stricken out. The allegations, C. S., 673, and findings, C. S., 768, are not sufficient to warrant an execution against the person. Crowder v. Stiers, ante, 123; Little v. Miles, 204 N. C., 646, 169 S. E., 220, and cases there cited." As thus modified, the verdict and judgment will be upheld. Modified and affirmed.