Schumacher v. Evangelical Deaconess Society

In this case a demurrer ore tenus was interposed, with which was coupled an admission by the plaintiff that the defendant hospital is a charitable institution. The demurrer and admission were interposed and made with the purpose of raising the single issue whether a hospital that is a charitable institution is exempt from liability for negligence in the selection of its internes, nurses, and other servants, as it concededly is for the negligence of these employees in the performance of their duties.

The point of the appellant is that the defendant corporation, although it be a charitable…