Chapin v. Holyoke Young Men's Christian Ass'n

Citation165 Mass. 280,42 N.E. 1130
PartiesCHAPIN v. HOLYOKE YOUNG MEN'S CHRISTIAN ASS'N.
Decision Date26 February 1896
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court
COUNSEL

William

H. Brooks, for plaintiff.

Robinson & Robinson, for defendant.

OPINION

BARKER, J.

The report shows that, while much of the work of the defendant corporation is of a charitable nature, its purposes are also social, and include the giving of lectures and of theatrical and other entertainments, for the benefit of its members, the provision of a gymnasium and of athletic sports for promoting their health, and the sale of food at a coffee or lunch counter. In these respects the defendant is not a public charitable corporation, but one established for the peculiar benefit of its members. For this reason the case is not governed by McDonald v. Hospital, 120 Mass. 432. The defendant has no right to exemption from liability from such negligence as the evidence stated in the report tended to show, but, like a religious society, is liable therefor. See Davis v. Society, 129 Mass. 367; Donnelly v. Association, 146 Mass. 163, 15 N.E. 505. Verdict set aside, and new trial granted.

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25 cases
  • Eads v. Young Women's Christian Assn., 28541.
    • United States
    • Missouri Supreme Court
    • June 11, 1930
    ...Mo. App. 116; Roberts v. Kirksville College (Mo. App.), 16 S.W. (2d) 625; Davis v. Congregational etc. Soc., 129 Mass. 367; Chapin v. Holyoke Y.M.C.A., 165 Mass. 280; Holder v. Horticultural Soc., 211 Mass. 370; Gamble v. Vanderbilt University, 138 Tenn. 616, 200 S.W. 510; Love v. Normal In......
  • Eads v. Young Women's Christian Ass'n
    • United States
    • Missouri Supreme Court
    • June 11, 1930
    ... ... Congregational etc. Soc., 129 Mass. 367; Chapin v ... Holyoke Y. M. C. A., 165 Mass. 280; Holder v ... Horticultural ... Phil., 18 Pa. S.Ct. 625; ... Hewett v. Woman's Hosp. Assn., 73 N.H. 556, 64 ... A. 190; Bruce v. Central M. E. Church, 147 Mich ... ...
  • Massaletti v. Fitzroy
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • October 29, 1917
    ...unless it can be held to have been affirmed or approved on that point by what was said by Barker, J., in Chapin v. Holyoke Y. M. C. A., 165 Mass. 280, 281, 42 N. E. 1130. Of the decision in Davis v. Central Congregational Society it is to be observed that it was decided at a time when the d......
  • Danville Cmty. Hosp. Inc v. Thompson
    • United States
    • Virginia Supreme Court
    • September 3, 1947
    ...Sanatorium, 112 Ind.App. 347, 42 N.E.2d 415; Hamilton v. Corvallis General Hospital Ass'n, 146 Or. 168, 30 P.2d 9; Chap-in v. Holyoke Y.M.C.A, 165 Mass. 280, 42 N.E. 1130. The defendant moved to strike out the evidence of the plaintiff at its conclusion and again at the conclusion of all th......
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