Benton v. Trustees of the City Hospital
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff, on November 27, 1883, by falling down a flight of stairs on the outside of, and attached to, the building known as the City Hospital, in Boston.
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Tort for personal injuries occasioned to the plaintiff, on November 27, 1883, by falling down a flight of stairs on the outside of, and attached to, the building known as the City Hospital, in Boston. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: The St. of 1858, c. 113, authorized the city of Boston “to erect, establish, and maintain a hospital for the reception of persons who by misfortune or poverty may require relief during temporary sickness.” The act also gave the city council power to make such ordinances, rules, and…
1Opinion of the CourtField, J.
If the trustees are regarded as the trustees of a public charity, then the case falls within the decision in McDonald v. Massachusetts General Hospital, 120 Mass. 432. There is no evidence of negligence on the part of the trustees as a corporation. There is evidence of negligence on the part of the superintendent, but there is no evidence that he was not a proper person to be appointed superintendent. But we think that this is a hospital maintained by the city, with such aid as may be derived from donations, and the sums received from paying patients; and that the trustees are in a sense…
2Cases cited3 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
3Cited by64 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Hearns v. Waterbury HospitalSupreme Court of Connecticut · 1895
- City of Dallas v. SmithTexas Supreme Court · 1937
- Roosen v. Peter Bent Brigham HospitalMassachusetts Supreme Judicial Court · 1920
- Powers v. Massachusetts Homœopathic HospitalCourt of Appeals for the First Circuit · 1901
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