Hoke v. . Glenn
Supreme Court of North Carolina
Appeal by defendant from Justice, at September Term, 1914, of Haywood. Action to recover damages, caused, as the plaintiff alleges, by the negligence of the defendants E. B. Glenn, a physician, and the Clarence Barker Memorial Hospital. It appears from the complaint that plaintiff was the patient of the defendant Glenn, and that he placed her in the defendant hospital for treatment, where she was at the time of her injury.
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Appeal by defendant from Justice, at September Term, 1914, of Haywood. Action to recover damages, caused, as the plaintiff alleges, by the negligence of the defendants E. B. Glenn, a physician, and the Clarence Barker Memorial Hospital. It appears from the complaint that plaintiff was the patient of the defendant Glenn, and that he placed her in the defendant hospital for treatment, where she was at the time of her injury. The defendant, the Clarence Barker Memorial Hospital, filed a demurrer to the complaint, which was overruled, and it appealed.
1Opinion of the CourtAlleN, J.
It is the purpose of the Code system of pleading, which prevails with us, to have actions tried upon their merits, and to that end pleadings are construed liberally, every intendment is adopted in behalf of the pleader, and “a complaint cannot be overthrown by a demurrer unless it be wholly insufficient. If in any portion of it, or to any extent, it presents facts sufficient to constitute a cause of action, or if facts sufficient for that purpose can be fairly gathered from it, the pleading will stand, however inartificially it may have been drawn or however uncer tain, defective, or…
2Cases cited5 opinions
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- Downes v. Harper HospitalMichigan Supreme Court · 1894
- Adams v. University HospitalMissouri Court of Appeals · 1907
- Brewer v. . WynneSupreme Court of North Carolina · 1911
- Lewis v. . the StateNew York Court of Appeals · 1884
3Cited by54 opinions
- President & Directors of Georgetown College v. HughesCourt of Appeals for the D.C. Circuit · 1942
- Weston's Administratrix v. Hospital of St. VincentSupreme Court of Virginia · 1921
- Rabon v. Rowan Memorial Hospital IncorporatedSupreme Court of North Carolina · 1967
- Ray v. Tucson Medical CenterArizona Supreme Court · 1951
- Blanton v. Moses H. Cone Memorial Hospital, Inc.Supreme Court of North Carolina · 1987
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