Ballinger v. . Rader
Supreme Court of North Carolina
Appeal from Justice, J., May Term, 1909, of Catawba. The complaint alleges that the defendants — one of whom is the superintendent and the other three directors of the State Hospital for the Insane, located at Morganton, North Carolina — negligently discharged one Lonnie Eader, an insane patient committed to said hospital, from confinement therein, and that six mouths later the said Rader, while insane, killed the plaintiff’s intestate.
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Appeal from Justice, J., May Term, 1909, of Catawba. The complaint alleges that the defendants — one of whom is the superintendent and the other three directors of the State Hospital for the Insane, located at Morganton, North Carolina — negligently discharged one Lonnie Eader, an insane patient committed to said hospital, from confinement therein, and that six mouths later the said Rader, while insane, killed the plaintiff’s intestate. The defendants demurred, because the complaint does not state facts sufficient to constitute a cause of action against these defendants, or either of them,…
1Opinion of the Court
Clark, C. J.,
after stating the facts: The defendants were public officers and were acting as such at the time that the said Lonnie Rader was discharged by them from further confinement in the said State Hospital. The statute (Revisal, sec. 4596) provides: “Any three of the board of directors of any hospital . . . shall be a board to discharge or remove from' their hospital any person admitted as insane, when such person has become or is found to be of sane mind, or when such person is incurable and, in the opinion of the superintendent, his being at large will not be injurious to himself or…
2Cases cited2 opinions
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