Legal Opinion

Taylor v. Flower Deaconess Home & Hospital

Ohio Supreme Court

Decided January 24, 1922No. 16926Published

Error to the Court of Appeals of Lucas county. The plaintiff in error brought suit against the defendant in error in the common pleas court of Lucas county for the recovery of damages resulting from personal injuries received by him while he was a patient in the hospital at Toledo.

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Error to the Court of Appeals of Lucas county. The plaintiff in error brought suit against the defendant in error in the common pleas court of Lucas county for the recovery of damages resulting from personal injuries received by him while he was a patient in the hospital at Toledo. The plaintiff predicated his right of recovexy on the negligence of the defendant in its failure to use ordinary care in the selection and retention in its employ of a certain student assistant, who is alleged to have administered to the plaintiff an injection of scalding hot water immediately following an…

1Opinion of the CourtJohnson, J.

The undisputed evidence showed, and the trial court charged the jury, that the hospital of the defendant is a public charitable hospital; that it has no capital stock; that it cannot obtain profits from the use of the funds in its hands and whatever increase comes to the fund belongs to it and must be used for the purpose of the fund. The court also charged the jury that being a public charitable institution it was not liable under the law for the negligence of its servants or agents if it had exercised ordinary care in employing and keeping such servants and agents.

The charge of the court…

2Cases cited20 opinions

  1. McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
  2. Fire Insurance Patrol v. BoydSupreme Court of Pennsylvania · 1888
  3. Parks v. Northwestern UniversityIllinois Supreme Court · 1905
  4. Hearns v. Waterbury HospitalSupreme Court of Connecticut · 1895
  5. Downes v. Harper HospitalMichigan Supreme Court · 1894

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