Legal Opinion

Pepke v. Grace Hospital

Michigan Supreme Court

Decided May 8, 1902No. Docket No. 96PublishedCited by 19 opinions

Error to Wayne; Donovan, J. Case by Reuben Pepke, by next friend, against the Grace Hospital, James McMillan, William C. McMillan, Ransom Gillis, Rollin C. Olin, and Albert T. Putnam, for negligence in tbe performance of a surgical operation. Prom a judgment for defendants on verdict directed by the court, plaintiff brings error.

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Error to Wayne; Donovan, J. Case by Reuben Pepke, by next friend, against the Grace Hospital, James McMillan, William C. McMillan, Ransom Gillis, Rollin C. Olin, and Albert T. Putnam, for negligence in tbe performance of a surgical operation. Prom a judgment for defendants on verdict directed by the court, plaintiff brings error. Plaintiff, a boy 11 years of age, trespassed upon the tracks of a railroad company, and climbed upon the ladder of a freight car of a moving train to ride. Seeing some one approach, he jumped from the car, and in doing so fell. His hand struck upon the rail, and the…

1Opinion of the CourtGrant, J.

{after stating the facts). 1. The defendant Grace Hospital is a charitable institution, organized and maintained in the same manner as Harper Hospital of Detroit. The liability alleged against defendant in this casg is the same as that alleged in Downes v. Harper *496Hospital, 101 Mich. 555 (60 N. W. 42, 25 L. R. A. 602. 45 Am. St. Rep. 427). That case controls this as to the liability of Grace Hospital, and the court properly directed a verdict for the defendant hospital.

2. The trustees of the hospital are laymen. The rules of the hospital provide for a medical board of 25 physicians and…

2Cases cited1 opinion

  1. Downes v. Harper HospitalMichigan Supreme Court · 1894

3Cited by19 opinions

  1. Parker v. Port Huron HospitalMichigan Supreme Court · 1960
  2. Wharton v. WarnerWashington Supreme Court · 1913
  3. Bruce v. Central Methodist Episcopal ChurchMichigan Supreme Court · 1907
  4. Farrigan v. PevearMassachusetts Supreme Judicial Court · 1906
  5. Morrison v. HenkeWisconsin Supreme Court · 1917

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