Legal Opinion

Blankenship v. Alter

Ohio Supreme Court

Decided June 1, 1960No. 36358Published

1Opinion of the CourtZimmerman, J.

It might be that this case could be decided on the basis that plaintiff was a stranger to any religious or charitable ministrations of St. Joseph’s Church and hence was not precluded from maintaining and succeeding in her action. Cullen v. Schmit, 139 Ohio St., 194, 39 N. E. (2d), 146; annotation, 25 A. L. R. (2d), 181. However, we prefer to place our decision on a somewhat broader ground.

Immunity from civil liability for negligence accorded to charitable institutions, including religious organizations, depends upon the actual devotion of the institution to charitable purposes, and a…

2Cases cited7 opinions

  1. Siidekum v. Animal Rescue League of PittsburghSupreme Court of Pennsylvania · 1945
  2. McKay v. Morgan Memorial Cooperative Industries & Stores, Inc.Massachusetts Supreme Judicial Court · 1930
  3. Tri-State Fair v. RowtonTennessee Supreme Court · 1918
  4. Cullen v. SchmitOhio Supreme Court · 1942
  5. Newman v. Cleveland Museum of Natural HistoryOhio Supreme Court · 1944

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