Mulliner v. Evangelischer Diakonniessenverein
Supreme Court of Minnesota
Action in the district court for Rice county to recover $7,500 for the death of plaintiff’s intestate. In its answer defendant set up that it was a private charitable corporation, its object and purpose, and that its work was wholly charitable and not for private profit, and expressly denied that the intestate’s death was caused by carelessness, negligence or want of care on its part.
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Action in the district court for Rice county to recover $7,500 for the death of plaintiff’s intestate. In its answer defendant set up that it was a private charitable corporation, its object and purpose, and that its work was wholly charitable and not for private profit, and expressly denied that the intestate’s death was caused by carelessness, negligence or want of care on its part. The case was tried before Childress, J., who at the close of the testimony denied defendant’s motion for a directed verdict on the ground that defendant was a charitable corporation and not liable for the…
1Opinion of the CourtHallam, J.
1. Defendant operated a hospital in the city of Faribault. On February 37, 1918, Lawrence Grotte, a pneumonia patient, was taken to the hospital. He continued as a patient until about 6 a. m. on March 3 when, in delirium, he jumped from the window of a second story room and was killed. Plaintiff, as administrator of his estate, sued for damages, and recovered a verdict for $6,500. Defendant appeals.
There is sufficient proof of the cause of death. The fact is, deceased was left lying on his'hospital bed. He was very ill, but his chances of recovery up to that time were “rather favorable.” The…
2Cases cited31 opinions
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- Parks v. Northwestern UniversityIllinois Supreme Court · 1905
- Morier v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
- Union Pac. Ry. Co. v. ArtistCourt of Appeals for the Eighth Circuit · 1894
- Hearns v. Waterbury HospitalSupreme Court of Connecticut · 1895
26 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Collopy v. Newark Eye and Ear InfirmarySupreme Court of New Jersey · 1958
- President & Directors of Georgetown College v. HughesCourt of Appeals for the D.C. Circuit · 1942
- Malloy v. FongCalifornia Supreme Court · 1951
- Silva v. Providence Hospital of OaklandCalifornia Supreme Court · 1939
- Spivey v. St. Thomas HospitalCourt of Appeals of Tennessee · 1947
45 more not listed; retrieve them via the Exa API.