Gitzhoffen v. Sisters of Holy Cross Hospital Ass'n
Utah Supreme Court
Appeal from District Court, Third District; M. L. Ritchie, Judge. Actiou by Frank Gitzhoffen against the Sisters of the Holy Cross Hospital Association. From a judgment in favor of defendant, plaintiff appeals. appellant's points. According to all of the authorities a charitable institution is liable for personal negligence-in selecting or retaining its nurses or ’other servants if their negligence’ results in injury to patients.
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Appeal from District Court, Third District; M. L. Ritchie, Judge. Actiou by Frank Gitzhoffen against the Sisters of the Holy Cross Hospital Association. From a judgment in favor of defendant, plaintiff appeals. appellant's points. According to all of the authorities a charitable institution is liable for personal negligence-in selecting or retaining its nurses or ’other servants if their negligence’ results in injury to patients. (1 Clark & Marshall on Corporations, 646.) Speaking of charitable corporation it says: “Such a cod poration is liable for the negligence or wrongful acts of its…
1Opinion of the CourtStraup, J.
1. This action was brought to recover damages alleged to. have been sustained by plaintiff through defendant’s negligence while he was an inmate of its hospital. It is alleged in the complaint that the defendant is a corporation organized and existing under the laws of the state of Indiana, and was doing business in the state of Utah exclusively for profit; that the plaintiff, suffering from a purulent disease of the eyes called gonorrheal conjunctivitis, was received by the defendant at its hospital for treatment under a contract of hire, and for which the defendant was paid the sum of $41;…
2Cases cited11 opinions
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- Powers v. Massachusetts Homœopathic HospitalCourt of Appeals for the First Circuit · 1901
- Brown v. La Société Française De Bienfaisance MutuelleCalifornia Supreme Court · 1903
- North Point Consolidated Irrigation Co. v. Utah & Salt Lake Canal Co.Utah Supreme Court · 1898
- Craig v. Benedictine Sisters Hospital Ass'nSupreme Court of Minnesota · 1903
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3Cited by31 opinions
- Roosen v. Peter Bent Brigham HospitalMassachusetts Supreme Judicial Court · 1920
- Wharton v. WarnerWashington Supreme Court · 1913
- DeBry v. NobleUtah Supreme Court · 1995
- DCR INC. v. Peak Alarm Co.Utah Supreme Court · 1983
- Wetzel v. Omaha Maternity & General Hospital Ass'nNebraska Supreme Court · 1914
26 more not listed; retrieve them via the Exa API.