Whittaker v. St. Luke's Hospital
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Oteo. H. Shields, Judge. The plaintiff being an employee of the defendant and in no way a beneficiary of its trust fund, the defendant corporation, though a charitable one, was liable to the plaintiff like any one else for its negligence. Adams v. Hospital, 99 S. W. 454, 122 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Oteo. H. Shields, Judge. The plaintiff being an employee of the defendant and in no way a beneficiary of its trust fund, the defendant corporation, though a charitable one, was liable to the plaintiff like any one else for its negligence. Adams v. Hospital, 99 S. W. 454, 122 Mo. App. 679; Bruce v. Methodist Church, T47 Mich. 250; Powers v. Hospital, 47 C. C. A. 122, 65 L. R. A. 372. Charitable institutions are not liable for injuries resulting from negligence or tortious acts of its officers or servants. They cannot be made subject to assaults…
1Opinion of the CourtGoode, J.
— This action was instituted against the respondent, a hospital in the city of St. Louis, to recover damages for an injury suffered by appellant, while an employee in the institution in working with an ironing machine or mangel, which was operated by steam power. It is alleged the machine was out of order in that a guard designed to prevent the operator of the machine from getting a hand caught between two revolving cylinders, was not in its proper place and did not protect the operator, and, further, because the lever designed to stop the machine when in motion was out of repair and would…
2Cases cited12 opinions
- Parks v. Northwestern UniversityIllinois Supreme Court · 1905
- Hearns v. Waterbury HospitalSupreme Court of Connecticut · 1895
- Downes v. Harper HospitalMichigan Supreme Court · 1894
- Perry ex rel. Perry v. House of RefugeCourt of Appeals of Maryland · 1885
- Benton v. Trustees of the City HospitalMassachusetts Supreme Judicial Court · 1885
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3Cited by14 opinions
- Gamble v. Vanderbilt UniversityTennessee Supreme Court · 1917
- Cochran v. WilsonSupreme Court of Missouri · 1921
- Basabo v. the Salvation Army, Inc.Supreme Court of Rhode Island · 1912
- Dille v. St. Luke's HospitalSupreme Court of Missouri · 1946
- Andrews v. Y.M.C.A.Supreme Court of Iowa · 1939
9 more not listed; retrieve them via the Exa API.