Payne v. Garvey

PeR Cueiam.

The plaintiff admits the defendant Hospital is an eleemosynary institution, and perhaps not responsible under respondeat superior rules for the negligent acts of its employees. She does contend, however, that the hospital was under a positive duty to furnish safe equipment, including thermometers, for the use of employees in treating the hospital patients. If we accept the proposition that the hospital was charged with that duty, its exercise would require due care in the selection, inspection, and maintenance of the equipment. At most, the hospital was required to furnish standard…