Legal Opinion

People ex rel. Norton v. N. Y. Hospital

New York State Hospital Commission

Decided December 15, 1876PublishedCited by 2 opinions

On January 22, 1874, Mrs. Jane C. Norton, of Brooklyn, wife of the relator, was duly committed as a lunatic to the Bloomingdale asylum. This institution is a department of the New York Hospital, and under the administrative control of its board of governors. •She was removed therefrom by her said husband, while •still uncured, on December 24, in the same year.

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On January 22, 1874, Mrs. Jane C. Norton, of Brooklyn, wife of the relator, was duly committed as a lunatic to the Bloomingdale asylum. This institution is a department of the New York Hospital, and under the administrative control of its board of governors. •She was removed therefrom by her said husband, while •still uncured, on December 24, in the same year. The form of insanity under which she labored, was that known as puerperal, and it was accompanied by fixed delusions affecting her memory of faces and persons, so that she was constantly mistaking visitors, the patients in the same ward…

1Opinion of the Court

The Commissioner.

The case presented for adjudication, upon the facts now in evidence, is one primarily of tort arising from the negligence of a servant in the employ of the respondents. It rests, therefore, upon that well established principle in the law of agency, which makes the act of the servant the act of the master whenever performed in the line of his duty, and fixes the responsibility for the consequences of such discharge of duty upon the master, in obedience to the *238maxim of respondeat superior. But apart from the legal aspects of the case in their relation to any just cause of…

2Cases cited7 opinions

  1. Campbell v. StateSupreme Court of Alabama · 1853
  2. Holcomb v. HolcombSupreme Court of Connecticut · 1859
  3. Kellogg v. WadhamsSupreme Court of Connecticut · 1832
  4. Cross v. KentCourt of Appeals of Maryland · 1870
  5. Carpenter v. BlakeNew York Supreme Court · 1871

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. State v. HaywardSupreme Court of Minnesota · 1895
  2. Kelley v. WeberNew York Supreme Court · 1880

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