Kellogg v. Church Charity Foundation
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George A. Kellogg, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 19th day of June, 1907, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 24th day of September, 1907, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the CourtGaynor, J.
This is an action against a charitable hospital corporation for damages for injuries to the plaintiff by being run into in the street by an. ambulance of the defendant by the negligence of the driver. There was a dismissal on the ground that charitable corporations are not liable for the negligence of their agents or servants, i. e., that the rule respondeat superior does not apply to such corporations.
The question presented has been discussed in a large number of cases in this country (American and English Annotated Cases, vol. 4, page 104). The opinions and decisions are not only…
2Cases cited21 opinions
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- Hearns v. Waterbury HospitalSupreme Court of Connecticut · 1895
- Downes v. Harper HospitalMichigan Supreme Court · 1894
- Mulchey v. Methodist Religious SocietyMassachusetts Supreme Judicial Court · 1878
- Hannon v. . Siegel-Cooper Co.New York Court of Appeals · 1901
16 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Silva v. Providence Hospital of OaklandCalifornia Supreme Court · 1939
- Ewing, Ind. Exs. v. Wm. L. Foley, Inc.Texas Supreme Court · 1926
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Hospital of St. Vincent of Paul v. ThompsonSupreme Court of Virginia · 1914
- Sheehan v. North Country Community HospitalNew York Court of Appeals · 1937
32 more not listed; retrieve them via the Exa API.