Downs v. Harper Hosp.

CourtSupreme Court of Michigan
Writing for the CourtGRANT
Citation101 Mich. 555,60 N.W. 42
PartiesDOWNS v. HARPER HOSPITAL.
Decision Date25 September 1894

101 Mich. 555
60 N.W. 42

DOWNS
v.
HARPER HOSPITAL.

Supreme Court of Michigan.

Sept. 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.

[60 N.W. 42]

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...

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70 practice notes
  • Green v. State, Docket No. 8470
    • United States
    • Court of Appeal of Michigan (US)
    • February 18, 1971
    ...Heitman v. City of Lake City (1947), 225 Minn. 117, 30 N.W.2d 18; Michigan is in accord with this: Downes v. Harper Hospital (1894), 101 Mich. 555, 60 N.W. 42; Vannoy v. City of Warren (1968), 15 Mich.App. 158, 166 N.W.2d 486; Carlisi v. City of Marysville (1964), 373 Mich. 198, 128 N.W.2d ......
  • Muller v. Nebraska Methodist Hospital, No. 33694
    • United States
    • Supreme Court of Nebraska
    • April 29, 1955
    ...Am.St.Rep. 484; Hospital of St. Vincent of Paul v. Thompson, 116 Va. 101, 81 S.E. 13, 51 L.R.A.,N.S., 1025; Downes v. Harper Hospital, 101 Mich. 555, 60 N.W. 42, 25 L.R.A. 602, 45 Am.St.Rep. 427; Wilcox v. Idaho Falls Latter Day Saints Hospital, 59 Idaho 350, 82 P.2d 849; St. Vincent's Hosp......
  • President and Dir. of Georgetown College v. Hughes, No. 7761.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • June 30, 1942
    ...150 (workman); Bruce v. Henry Ford Hospital, 1931, 254 Mich. 394, 236 N.W. 813 (paying patient); Downes v. Harper Hospital, 1894, 101 Mich. 555, 60 N.W. 42, 25 L.R.A. 602, 45 Am.St.Rep. 427 (paying patient). Nebraska: Marble v. Nicholas Senn Hospital Ass'n, 1918, 102 Neb. 343, 167 N.W. 208 ......
  • Barden,v,. Atlantic Coast Line Ry. Co.
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • April 13, 1910
    ...Refuge, 63 Md. 20, 52 Am. Rep. 495; Hearns v. Water-bury Hospital, 66 Conn. 98, 33 Atl. 595, 31 L. R. A. 224; Downes v. Harper Hospital, 101 Mich. 555, 60 N. W. 42, 25 L. R. A. 602, 45 Am. St. Rep. 427; Fire Patrol v. Boyd, 120 Pa. 624, 15 Atl. 553, 1 L. R. A. 417, 6 Am. St. Rep. 745; Parks......
  • Request a trial to view additional results
70 cases
  • Green v. State, Docket No. 8470
    • United States
    • Court of Appeal of Michigan (US)
    • February 18, 1971
    ...Heitman v. City of Lake City (1947), 225 Minn. 117, 30 N.W.2d 18; Michigan is in accord with this: Downes v. Harper Hospital (1894), 101 Mich. 555, 60 N.W. 42; Vannoy v. City of Warren (1968), 15 Mich.App. 158, 166 N.W.2d 486; Carlisi v. City of Marysville (1964), 373 Mich. 198, 128 N.W.2d ......
  • Muller v. Nebraska Methodist Hospital, No. 33694
    • United States
    • Supreme Court of Nebraska
    • April 29, 1955
    ...Am.St.Rep. 484; Hospital of St. Vincent of Paul v. Thompson, 116 Va. 101, 81 S.E. 13, 51 L.R.A.,N.S., 1025; Downes v. Harper Hospital, 101 Mich. 555, 60 N.W. 42, 25 L.R.A. 602, 45 Am.St.Rep. 427; Wilcox v. Idaho Falls Latter Day Saints Hospital, 59 Idaho 350, 82 P.2d 849; St. Vincent's Hosp......
  • President and Dir. of Georgetown College v. Hughes, No. 7761.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • June 30, 1942
    ...150 (workman); Bruce v. Henry Ford Hospital, 1931, 254 Mich. 394, 236 N.W. 813 (paying patient); Downes v. Harper Hospital, 1894, 101 Mich. 555, 60 N.W. 42, 25 L.R.A. 602, 45 Am.St.Rep. 427 (paying patient). Nebraska: Marble v. Nicholas Senn Hospital Ass'n, 1918, 102 Neb. 343, 167 N.W. 208 ......
  • Barden,v,. Atlantic Coast Line Ry. Co.
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • April 13, 1910
    ...Refuge, 63 Md. 20, 52 Am. Rep. 495; Hearns v. Water-bury Hospital, 66 Conn. 98, 33 Atl. 595, 31 L. R. A. 224; Downes v. Harper Hospital, 101 Mich. 555, 60 N. W. 42, 25 L. R. A. 602, 45 Am. St. Rep. 427; Fire Patrol v. Boyd, 120 Pa. 624, 15 Atl. 553, 1 L. R. A. 417, 6 Am. St. Rep. 745; Parks......
  • Request a trial to view additional results

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