Baylor University v. Boyd
| Decision Date | 15 May 1929 |
| Docket Number | (No. 10418.) |
| Citation | 18 S.W.2d 700 |
| Parties | BAYLOR UNIVERSITY v. BOYD. |
| Court | Texas Court of Appeals |
Appeal from Dallas County Court; Payne L. Bush, Judge.
Action by Walter Boyd against Baylor University. Judgment for plaintiff, and defendant appeals. Reversed and rendered.
Harry P. Lawther and Wm. M. Cramer, both of Dallas, for appellant.
Caldwell, Gillen, Francis & Gallagher, of Dallas, for appellee.
Walter Boyd, appellee, in a suit in county court at law of Dallas county, No. 1, against Baylor University, appellant, a private corporation, was awarded a judgment for $950, and appellant has duly perfected its appeal to this court. Appellant, under its charter, was authorized to, and did, conduct a university, with its main branch in the city of Waco, a medical and dental college in the city of Dallas, and likewise a general hospital, also in the city of Dallas. It is owned and operated by the Baptist Church in Texas, and is under the supervision of trustees elected by the State General Convention of such church, which body regulates such trustees. Appellee was a pay patient at the hospital, and in his petition alleged that he received painful and permanent injuries to a wrist by the application by an employee, agent, or servant of said hospital of a hot water bottle while he was partially unconscious from the administration of narcotics. Appellee alleged that his injuries proximately resulted from the negligence, carelessness, and incompetence of an agent, servant, or employee of appellant, and further that the specific employee, who thus wrongfully permitted his injuries, was a Mexican orderly, named Jesse Hernandes. The petition also alleges that appellant was negligent in selecting its employees and especially in selecting the employee who applied the hot water bottle, and that his injuries resulted from such negligence. Appellant pleaded a general denial, specifically denied that there was any one during the time appellee was in its hospital in its employ by the name of Hernandes, or that any injuries resulted from the application by any of its agents or employees of a hot water bottle to the wrist and arm of appellee; and also by appropriate allegations affirmatively pleaded that the Baylor Hospital, under its charter and under the manner in which it is operated, is a charitable institution, in that the hospital is not operated for profit by its owners, that it receives patients from all walks of life, of any nationality and of any church affiliation, whether such patients are able to pay for the treatment received or not, that, by reason of its being such an institution, it is exempt under the laws of this state from the negligence of its agents, servants, or employees, and can only be held responsible for the negligence of its governing body in the employ of such agents, servants, and employees; and specifically denied any negligence in respect to such employment.
The case was submitted to the jury on special issues, and the findings of the jury on such special issues are as follows:
(1) That appellee's hand was burned by an employee of appellant; (2) that appellant's employee was negligent; and (3) that such negligence was the proximate cause of the injuries; (4) that appellant was not negligent in the selection of the agent who burned appellee's hand; and (6) fixed the damages at $950; also (7) that a Mexican orderly, who said his name was Hernandes, placed the hot water bottle on appellee; and (8) that such placing was the proximate cause of the injuries; (9) that it was not within the scope of employment of the Mexican orderly to place a hot water bottle on appellee; (10) that he was not instructed not to place hot water bottles on patients; but (11) that the officers or agents in charge of Baylor Hospital did not know, and could not have known by the exercise of ordinary care, that the Mexican orderly would or might place a highly heated hot water bottle upon appellee; and (12) Baylor Hospital was not a purely charitable institution.
The questions herein discussed are raised by proper assignments of error. Giving to appellant's petition the construction most favorable to him, recovery is predicated upon two alleged grounds of negligence: (a) That his injuries resulted from the negligence...
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