Downs v. Harper Hospital

• Decision Date: 25 September 1894
• Citation: 101 Mich. 555,60 N.W. 42
• Court: Michigan Supreme Court
• Parties: DOWNS v. HARPER HOSPITAL.

60 N.W. 42

101 Mich. 555

DOWNS v. HARPER HOSPITAL.

Supreme Court of Michigan

September 25, 1894

Error to circuit court, Wayne county; George S. Hosmer, Judge.

Action by Georgiana Downs, administratrix, against the Harper Hospital. There was a judgment for defendant, and plaintiff brings error. Affirmed.

James H. Pound, for appellant.

Edwin F. Conely and Orla B. Taylor, for appellee.

GRANT J.

Plaintiff's decedent and husband became insane from disease, and, by advice of his physician, was conveyed to Harper Hospital. He was violent, and was confined in a room in the third story of the building, which was especially arranged for such patients, having a framework of iron over the windows. The deceased wrenched this iron framework off jumped from the window, and was killed. Plaintiff brings this suit to recover damages for the benefit of herself and children, alleging negligence on the part of the defendant. Defendant is a body corporate organized under Act No. 242 Laws 1863, entitled "An act for the incorporation of hospitals or asylums in cases where valuable grants or emoluments have been made to trustees for such purposes," and, at the time the alleged right of action is said to have accrued, was engaged in maintaining at Detroit the hospital commonly known as "Harper Hospital." In the declaration it is alleged that on or about January 26, 1890, Downs was ill, and was so disordered in mind from the effects of disease and pain that he became and was temporarily insane, violent, and dangerous, so that it became necessary to place him under restraint and skillful medical treatment to prevent him from harming himself and others, and to effect his cure; that the defendant, at the request of plaintiff, and well knowing Downs' mental and physical condition, received him into Harper Hospital as a patient, and, in consideration of the payment of $2 per day agreed to give Downs proper medical treatment, and to keep and restrain him so that he should suffer no bodily injury which he might inflict upon himself and to have the room in which he was confined secure, with a proper and sufficient guard, framework, or other suitable protection over the window of such room, and so securely fastened that Downs when confined in the room, would not be able to tear away the framework or grating over the window and throw himself therefrom, and to keep him properly handcuffed, so that he could not injure himself by tearing away the framework or bars over the window, or by throwing himself out of the window, and also to keep some suitable person constantly in attendance upon him. It is further alleged that the defendant, in disregard of its alleged duties and obligations, wrongfully, carelessly, and negligently failed to safely keep and care for and give medical attendance to Downs, and so keep and restrain him that his body should suffer no injury, and his life should be preserved from injury which he might produce by his own conduct and actions; that the defendant did not have the room where Downs was confined secure, and with a proper and sufficient guard, framework, or other suitable protection over the window, and so securely fastened that Downs, when confined in the room, could not tear away the framework or grating over the window, and throw himself therefrom; that the defendant did not keep Downs properly handcuffed, so that he could not do himself injury by tearing away the framework or bars and throwing himself out of the window, and did not keep some suitable person constantly in attendance upon him. It is further alleged that the defendant, well knowing Downs' mental and physical condition, and that he was temporarily insane, violent, and liable to injure himself and others, and to throw himself from the widow of the room where he was confined, removed the handcuffs from Downs' wrists, placed him, alone and unattended, in the padded room of the hospital, where insane persons are usually placed, and did not have the grating or framework over the widow of such room properly constructed or properly secured and fastened, and that such framework or grating was made and fastened in such an insecure, unsafe, careless, and negligent manner that Downs, while insane, pulled down the ironwork and grating from the window, and threw himself therefrom, falling a distance of about 35 feet to the pavement, thereby receiving such injuries as to cause his death on ...