Green v. . Biggs
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at March Term, 1914, of Ala-MANCE. This is an action to recover damages for the wrongful death of the plaintiff’s intestate, caused, as alleged, by the negligence of the defendant, who is the proprietor of a private sanitarium. The allegations of negligence in the complaint are as follows: “Second.
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Appeal by defendant from Lyon, J., at March Term, 1914, of Ala-MANCE. This is an action to recover damages for the wrongful death of the plaintiff’s intestate, caused, as alleged, by the negligence of the defendant, who is the proprietor of a private sanitarium. The allegations of negligence in the complaint are as follows: “Second. That plaintiff’s intestate, who was her husband, came to his death by the wrongful act, neglect, and default of the defendant on-March, 1909, under the following circumstances, towit: The intestate on_February, 1909, placed himself under the care and treatment of…
1Opinion of the Court
Allew, J.,
after stating the case: Two questions are presented by the appeal:
1. Does the complaint state a cause of action?
The principle seems to be generally recognized that a private charitable institution, which has exercised due care in the selection of its employees, cannot be held liable for injuries resulting from their negligence, and the rule is not affected by the fact that some patients or bene ficiaries of the institution contribute towards tbe expense of their care, where the amounts so received are not devoted to private gain, but more effectually to carry out the purposes of the…
2Cases cited3 opinions
- Brewer v. . WynneSupreme Court of North Carolina · 1911
- Cable v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Wall v. Wall.Supreme Court of North Carolina · 1906
3Cited by21 opinions
- Whichard v. LipeSupreme Court of North Carolina · 1942
- Whichard v. . LipeSupreme Court of North Carolina · 1942
- Herndon v. . MasseySupreme Court of North Carolina · 1940
- Johnson v. City Hospital Co.Supreme Court of North Carolina · 1929
- Morgan v. . BankSupreme Court of North Carolina · 1925
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