Currier v. Trustees of Dartmouth College

• Decision Date: 26 December 1900
• Citation: 105 F. 886
• Parties: CURRIER v. TRUSTEES OF DARTMOUTH COLLEGE et al.
• Court: U.S. District Court — District of New Hampshire

105 F. 886

CURRIER v. TRUSTEES OF DARTMOUTH COLLEGE et al.

United States Circuit Court, D. New Hampshire.

December 26, 1900

Sargent & Niles and Edward S. Spaulding, for plaintiff.

Streeter Walker & Hollis, for defendants.

ALDRICH District Judge, in directing a verdict for Dartmouth College said orally to the jury:

This is a suit by a student of Dartmouth College to recover $50,000 for personal injuries sustained through the alleged careless throwing down of a chimney by the superintendent of college buildings, and the suit is against both the college and the superintendent, who did the work. The injured student, upon notice by the superintendent that the chimney would fall at a given time, and that kodaks might be brought, was in the vicinity without a kodak, and by reason of curiosity merely and neither willful nor wanton negligence is claimed against the college or its superintendent. At the conclusion of all the evidence the defendant moves that a verdict be directed in favor of Dartmouth College on the ground that it is an eleemosynary corporation, organized and managed solely for the administration of a public charity, and doing no business for private gain, and that it is not liable for negligence to a person who accepts its bounty. So far as the evidence goes in this case, the board of managers of Dartmouth College intrusted the work of clearing buildings, in connection with which there was a chimney, from a tract of land which the college owned, and on which was to be erected a heating plant for college purposes. This work was done on grounds of college health, necessity, and sanitation, and there is no question in my mind but that it was in furtherance of the chartered trust. The evidence is all one way that the trustees discharged the obligation upon them, if such obligation exists in respect to a college of this character to select a competent servant for such purpose, because the work, under general instructions to clear the land for a heating plant, was intrusted to their superintendent of buildings, who was a civil engineer, and had had several years' experience under the eye of the management in practical oversight of the construction and care of college buildings and other property; and the only evidence, if any, tending to show that he was incompetent or negligent relates to a detail of the work,-- the particular alleged negligence, that of improperly and negligently tipping over the chimney which injured the plaintiff, who was a student. The administration of a trust like that under the Dartmouth College charter is at least in a sense charitable, and in a sense paternal. The college has existed for 130 years, during which time it has not been understood that an institution of this character is liable in tort for an injury like the one in question; at least, such liability has never before been asserted. There is no statute or judicial decision in New Hampshire declaring that public policy requires that the doctrine of tort liability should be extended to such institutions. The public policy of the state, therefore, though not so expressed, as in Massachusetts by judicial decision as to hospitals, or by legislative enactment as in Rhode Island, must be accepted, as against the liability of an institution of this character. The common law does not furnish a remedy in tort for every injury. While the general rule is recognized that all individuals and all corporations who own property and put forces in motion are liable for negligent use to the injury of others, there are several exceptions,-- as, for instance, there is no remedy...