Legal Opinion
Sandwell v. Elliott Hospital
Supreme Court of New Hampshire
Decided January 6, 1942No. 3277PublishedCited by 5 opinions
1Opinion of the CourtPage, J.
The defendant does not deny that a charitable institution may in some instances become liable to pay damages for its negligence. Its liability in this case depends, however, upon whether there was a breach of any duty of care that it owed the plaintiff. The existence of such a duty, and its extent, depend upon the nature of the relationship between the parties. Tullgren v. Company, 82 N. H. 268, 270; Frear v. Company, 83 N. H. 64, 67.
The relationship, in this instance, arose from certain facts that are beyond dispute. The plaintiff’s husband was a patient in the hospital, and he was near…
2Cases cited3 opinions
- Hospital of St. Vincent of Paul v. ThompsonSupreme Court of Virginia · 1914
- Alabama Baptist Hospital Board v. CarterSupreme Court of Alabama · 1932
- Cohen v. General Hospital SocietySupreme Court of Connecticut · 1931
3Cited by5 opinions
- Ouellette v. BlanchardSupreme Court of New Hampshire · 1976
- Haynes v. Presbyterian Hospital Ass'nSupreme Court of Iowa · 1950
- Mississippi Baptist Hospital v. HolmesMississippi Supreme Court · 1952
- Cook v. 177 Granite Street, Inc.Supreme Court of New Hampshire · 1949
- Ouellette v. BlanchardSupreme Court of New Hampshire · 1976