Legal Opinion

Mills v. Society of New York Hospital

Appellate Division of the Supreme Court of the State of New York

Decided September 28, 1934PublishedCited by 15 opinions

1Opinion of the CourtScudder, J.

Plaintiff sues to recover damages for the alleged wrongful death of her intestate, Frederick L. Mills, who was killed *246on January 9,1929, while a paying patient at Bloomingdale Hospital for Mental Diseases, a subsidiary of The Society of the New York Hospital.

The complaint pleads two causes of action — one in contract and one in tort. Answering, the defendant denied the existence of any contract, or the breach thereof, and denied that negligence on its part caused Mills’ death.

As a separate defense, defendant alleged that it is and always was a charitable and beneficent corporation and that…

2Cases cited9 opinions

  1. Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
  2. McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
  3. Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
  4. Downes v. Harper HospitalMichigan Supreme Court · 1894
  5. Hordern v. . Salvation ArmyNew York Court of Appeals · 1910

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3Cited by15 opinions

  1. Fiorentino v. WengerNew York Court of Appeals · 1967
  2. Fowler, Admx. v. Norways SanatoriumIndiana Court of Appeals · 1942
  3. Baker v. United StatesDistrict Court, S.D. Iowa · 1964
  4. White v. United StatesDistrict Court, E.D. Virginia · 1965
  5. Hendrickson v. HodkinAppellate Division of the Supreme Court of the State of New York · 1937

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