Cox v. DeJarnette

Bell, Judge.

The first question to be decided is whether an action is maintainable against the board of trustees of a charitable trust, the recovery, if any, to be satisfied out of the assets of the trust held by the trustees but not against the trustees personally.

The immunity of non-governmental charities from liability for tort damages is undergoing considerable change at the present time in the national family of jurisdictions. From the early viewpoint of charitable immunity in England to this enlightened era, when the doctrine is in the process of being reevaluated, there has been a…