Legal Opinion

Woman's Christian National Library Ass'n v. Fordyce

Supreme Court of Arkansas

Decided December 10, 1905Published

Appeal from Garland Circuit Court; Alexander M. DwfRe, Judge; The plaintiff, the Woman’s Christian National Library Association, a corporation, brought this action against S. W. Fordyce and Charles H. McKee.

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Appeal from Garland Circuit Court; Alexander M. DwfRe, Judge; The plaintiff, the Woman’s Christian National Library Association, a corporation, brought this action against S. W. Fordyce and Charles H. McKee. The complaint charges in effect that Mrs. E. B. Hotchkiss and a number of other ladies, being desirous of founding a free public library in the city of Hot Springs, and of making, donations of funds as a matter of purely public charity, for the purpose of securing, providing and obtaining a suitable and attractive building, where the literature and books of such a library might be…

1Opinion

ON REHEARING.

Hill, C. J.

On the rehearing the court has made an exhaustive investigation of the authorities touching the liability of charitable corporations to judgment and subjection of their property to execution for the torts of their officers or employees.

The weight of English and American authority is that' charitable corporations are not liable for the negligence of their officers, agents and employees. McDonald v. Hospital, 120 Mass. 432; Benton v. Hospital, 140 Mass. 13; Union Pacific Ry. v. Artist, 60 Fed. Rep. 365; Downes v. Harper Hospital, 101. Mich. 556; Williams v. Industrial…

2Cases cited12 opinions

  1. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
  2. McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
  3. Benton v. Trustees of the City HospitalMassachusetts Supreme Judicial Court · 1885
  4. Murtaugh v. City of St. LouisSupreme Court of Missouri · 1869
  5. Lessee of Smith v. McCannSupreme Court of the United States · 1861

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