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SIMON v. HOSPITAL SERVICE ASSOCIATION PITTSBURGH (03/24/60)

March 24, 1960

SIMON
v.
HOSPITAL SERVICE ASSOCIATION OF PITTSBURGH, APPELLANT.



Appeal, No. 188, April T., 1959, from judgment of County Court of Allegheny County, No. A-1570 of 1957, in case of Max Simon et ux. v. Hospital Service Association of Pittsburgh. Judgment affirmed.

COUNSEL

J. Robert Maxwell, with him Lewis & Drew, for appellant.

S. J. Harris, with him Litman & Litman, for appellees.

Before Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (rhodes, P.j., absent).

Author: Woodside

[ 192 Pa. Super. Page 70]

OPINION BY WOODSIDE, J.

This is an appeal from a judgment of the County Court of Allegheny County entered for the plaintiffs in an assumpsit action after a trial by the court without a jury.

The question is whether the plaintiffs are entitled to recover under a "Blue Cross" contract for a hospital bill incurred by the wife-plaintiff.

The findings of the trial judge, set forth in the opinion of the court below, are as follows: "Defendant, Hospital Service Association of Pittsburgh, entered into a regular subscription agreement with plaintiffs on December 1, 1944 making available the 'Blue Cross' program to them subject to terms and conditions stated in the agreement. Payments on the policy were faithfully made for the years that followed.

"On December 1, 1956 one of the plaintiffs, Mrs. Jean Simon, was admitted to Montefiore Hospital in the City of Pittsburgh, Allegheny County, Pennsylvania for acute abdominal pain. Plaintiff was ordered

[ 192 Pa. Super. Page 71]

    to go to the hospital against her wishes by Dr. Irving L. Stutz, her physician, after examining her in his office to which she was brought by the police of the City of Pittsburgh after passing out at work that morning.*fn1 Stomach ache with severe pain necessitated hospitalization, and the doctor acted accordingly. Plaintiff remained at the hospital thirteen days after which she was discharged, fully recovered. During her stay at the hospital plaintiff received, and which this court finds as a fact, certain treatment consisting of therapeutic measures, bed rest, controlled light diet, analgesics, barbiturates, enemas, Nupercainal ointments, a saline douche, application of hot water bottles, in addition to electrocardiogram, cholecystogram, and x-rays of various types. These were either prescribed, recommended or administered by Dr. Stutz and the hospital physicians assigned to the plaintiff. It is also a fact that following the application of all these measures plaintiff did recover from her illness, and was released from the hospital and the doctors care."

Where the factual issues have been submitted to a judge, sitting without a jury, all findings of fact, if supported by the evidence and affirmed by the court en banc, are binding upon us. Morse-Boulger Destructor Co. v. Mellon-Stuart Co., 185 Pa. Superior Ct. 316, 138 A.2d 152 (1958). Such findings of fact have the effect of a jury ...


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