Schloendorff v. Society of the New York Hospital
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 1, 1912, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 1, 1912, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence in this case clearly showed that the defendant violated its contract by operating upon the plaintiff without her consent, and this question of fact should have been submitted to the jury for its decision. (Clemence v. City of Auburn, 66 N. Y. 334; Sheridan v. B. C. R. R. Co., 36 N.…
1Opinion of the CourtCardozo, J.
In the year 1771, by royal charter of George HI., the Society of the New York Hospital was organized for the care and healing of the sick. During the century and more which has since passed, it has devoted itself to that high task. It has no capital stock; it does not distribute profits; and its physicians and surgeons, both the visiting and the resident staff, serve it without pay. Those who seek it in search of health, are charged nothing, if they are needy, either for board or for treatment. The well-to-do are required by its by-laws to pay $7 a week for board, an amount insufficient to…
2Cases cited12 opinions
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- Mohr v. WilliamsSupreme Court of Minnesota · 1905
- Hearns v. Waterbury HospitalSupreme Court of Connecticut · 1895
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Downes v. Harper HospitalMichigan Supreme Court · 1894
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3Cited by555 opinions
- Cruzan Ex Rel. Cruzan v. Director, Missouri Department of HealthSupreme Court of the United States · 1990
- Jerry W. Canterbury v. William Thornton Spence and the Washington Hospital Center, a Body CorporateCourt of Appeals for the D.C. Circuit · 1972
- Daniel Howard Bee v. Dr. Keith Greaves, Medic Keith Hughes and Dr. Robert GreerCourt of Appeals for the Tenth Circuit · 1984
- Moore v. Regents of University of CaliforniaCalifornia Supreme Court · 1990
- Vacco v. QuillSupreme Court of the United States · 1997
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