Torrey v. Riverside Sanitarium
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: W. J. TueNER, Circuit Judge. Personal injuries. The following facts appeared on the trial: The defendant is a corporation maintaining a private sanitarium for the treatment of persons afflicted with nervous and mental diseases or drug habits in the village of East Milwaukee, the building being about three blocks from the house of the plaintiff.
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Appeal from a judgment of the circuit court for Milwaukee county: W. J. TueNER, Circuit Judge. Personal injuries. The following facts appeared on the trial: The defendant is a corporation maintaining a private sanitarium for the treatment of persons afflicted with nervous and mental diseases or drug habits in the village of East Milwaukee, the building being about three blocks from the house of the plaintiff. On November 16, 1913, the defendant received as an inmate one Ralph Kennan, a young man twenty-eight years of age, on the request of Dr. A. W. Gray, who was Kennan’s medical adviser.…
1Opinion of the Court
WiNsnow, O. J.
Doubtless it is incumbent on the defendant and its employees at all times during the treatment of nervous and insane patients to use such means to restrain and guard them as would seem reasonably sufficient to an ordinarily prudent man under like circumstances to prevent such an occurrence as took place here, and for breach of that duty liability will arise, if such breach proximately causes injury to another. University of Louisville v. Hammock, 127 Ky. 564, 106 S. W. 219.
The trial court held that the evidence would not justify a finding of breach of that duty in the present…
2Cases cited1 opinion
- University of Louisville v. HammockCourt of Appeals of Kentucky · 1907
3Cited by10 opinions
- Maki v. Murray HospitalMontana Supreme Court · 1932
- United States v. GrayCourt of Appeals for the Tenth Circuit · 1952
- Gregory v. RobinsonSupreme Court of Missouri · 1960
- Payne v. Milwaukee Sanitarium Foundation, Inc.Wisconsin Supreme Court · 1977
- Davis v. Springfield HospitalMissouri Court of Appeals · 1920
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