Margaret Pickford Egerton v. R. E. Lee Memorial Church, an Unincorporated Association

DONALD RUSSELL, District Judge:

This appeal challenges a motion to dismiss granted the defendant in an action to recover for injuries sustained by the plaintiff while in the sanctuary of the defendant Church. The District Court rested its decision on the conclusion that, by reason of its non-profit charitable character as a religious institution, the defendant was immune under the controlling state law from liability in tort to one who, like the plaintiff, was the beneficiary of its charitable purposes. We affirm.

The defendant Church is an unincorporated religious society or association,…