Brown v. St. Luke's Hospital Ass'n

• Decision Date: 28 January 1929
• Docket Number: 12049.
• Citation: 274 P. 740,85 Colo. 167
• Parties: BROWN v. ST. LUKE'S HOSPITAL ASS'N.
• Court: Colorado Supreme Court

274 P. 740

85 Colo. 167

BROWN v. ST. LUKE'S HOSPITAL ASS'N.

No. 12049.

Supreme Court of Colorado

January 28, 1929

Rehearing Denied Feb. 18, 1929.

Department 2.

Error to District Court, City and County of Denver; Henry Bray Judge.

Action by Velpeau Brown against the St. Luke's Hospital Association. Judgment for defendant, and plaintiff brings error.

Affirmed.

Bentley M. McMullin, of Denver, for plaintiff in error.

James H. Pershing, Wm. E. Hutton, and Bruce B. McCay, all of Denver, for defendant in error.

MOORE J.

We refer to the parties as they appear in the lower court.

Plaintiff sued defendant for damages alleged to have been sustained because of the negligence of the defendant in failing to use reasonable care in the preparation for and use of a vapor lamp prescribed for inhalation purposes, resulting in a portion of the contents thereof being projected upon plaintiff's arm, there taking fire and burning her arm and breast. The defendant denied negligence, and further denied liability upon the ground that it was a charitable institution. The lower court directed a verdict for the defendant upon two grounds:

1. The evidence was insufficient to warrant a verdict in favor of the plaintiff.

2. The defendant corporation was a charitable institution, and under the facts presented was not liable.

This ruling of the lower court is now assigned as error.

1. Under our determination of this case, it is not necessary for us to consider the question as to whether or not there was sufficient evidence of negligence in the record to require the lower court to submit the case to the jury.

In support of its contention that it has been from its inception a charitable institution, defendant introduced the articles of incorporation of itself and its predecessor, St Luke's Hospital. Exhibit 3 is a certified copy of the certificate of incorporation of St. Luke's Hospital filed with the secretary of state, February 15, 1881. Therein its corporate functions, powers, and objects are enumerated as follows:

'I. The corporate name and title by which this Society shall be known is 'St. Luke's Hospital', Denver, Colo.

'II. The objects for which this Society is founded and incorporated are:

'First: To provide medical and surgical aid and nursing or other care for sick, infirm, aged, injured, or destitute persons.

'Second: To instruct and train suitable persons in the duties of nursing and attending upon the sick.

'Third: To provide the instructions and consolations of religion for those who are under the care of the Institution.

'Fourth: Such other purposes incidental and kindred to those above mentioned as the Board of Managers may prescribe.

'Fifth: To erect, build, or otherwise procure a suitable building or buildings for the purposes aforesaid.'

Twenty-four managers are therein provided, who are to act as trustees and to manage the affairs of said society.

Exhibit 4 is a certified copy of the certificate of incorporation of the defendant, the St. Luke's Hospital Association, wherein its objects and purpose are as set forth:

'1. To take over, hold, manage, control and dispose of all or any part of the property, real, personal or mixed, now held or possessed by that Colorado institution known as St. Luke's Hospital, in the City and County of Denver, State of Colorado, and to execute and carry out any and every trust with which said property, or any part thereof, has been in any way impressed.

'2. To acquire and, in every lawful way, to dispose of and to use, manage and control, other property, real, personal or mixed, including property which may heretofore have been or which hereafter may be granted, given, devised or bequeathed in any way for the benefit of said institution.

'3. To care for, keep, maintain, control and administer all property in any way acquired or held for the benefit of said institution.

'4. To conduct and operate the institution in the City and County of Denver, State of Colorado, known as St. Luke's Hospital, together with such branches thereof or additions thereto as its board of managers may from time to time establish.

'5. In general, the objects for which this association is founded and incorporated are:

'First: To provide medical and surgical aid and nursing, or other care, for sick, infirm, aged, injured or destitute persons.

'Second: To instruct and train suitable persons in the duties of nursing and attending upon sick, infirm, aged, injured or destitute persons.

'Third: To provide the instructions and consolation of religion for those who are under the care of the association.

'Fourth: Such other purposes incidental and kindred to those above mentioned as the Board of Managers may prescribe.

'Fifth: To acquire real property and to construct thereon, or otherwise acquire, suitable buildings for the purposes of the association.

'Sixth: To take, hold, manage, care for and administer any property, real, personal or mixed, which may be conveyed, given, devised, or bequeathed to the association; to borrow money; to issue its negotiable securities; to execute mortgages and to do and perform all acts and things needful, proper and lawful in respect to the affairs of the association.'

Article & provides for a board of managers.

Further the defendant introduced the testimony of Mr. Wordell, a pertinent part of which is here quoted:

'I am superintendent of St. Luke's Hospital Association. I have full charge of the Hospital affairs.

'Q. I will ask you, Mr. Wordell, whether any of the business that is conducted under you through the hospital is carried on for the purpose of making a profit? A. No, sir.

'Q. What is the source of income which maintains the hospital? A. Through...