Johnson v. City of Ripon
| Decision Date | 03 April 1951 |
| Citation | 259 Wis. 84,47 N.W.2d 328 |
| Parties | JOHNSON, v. CITY OF RIPON et al. |
| Court | Wisconsin Supreme Court |
J. Martin Johnson, the plaintiff, has been a duly licensed and practicing physician and surgeon at Ripon, Wisconsin, since 1924. In 1936 the city of Ripon completed and opened the Ripon Municipal Hospital, under the management and supervision of the board of hospital commissioners known as the Municipal Hospital Board. Under the provisions of sec. 66.50, Stats., the governing board of the hospital had authority to enact rules and regulations relating to the government, operation and maintenance of such hospital. Pursuant to said authority, it adopted a set of by-laws. Secs. 1 and 6 of Art. V of said by-laws read as follows:
On April 17, 1948, said Municipal Hospital Board adopted a resolution, the pertinent part of which reads as follows: 'Be it therefore resolved that for the best interest of the hospital the said Dr. J. M. Johnson be suspended indefinitely from the staff.'
The plaintiff then commenced this action to enjoin the City of Ripon, a Wisconsin municipal corporation, and J. L. Chipman, Helen M. Howe, Robert E. Kay, A. C. Bachus, Mrs. George Graf, Mrs. P. J. Lunde, Donald Buchholz, R. O. Hader, and Robert McDonald, constituting the Board of Hospital Commissioners known as the Municipal Hospital Board of the city of Ripon, in their capacity as such, the defendants, from prohibiting and preventing him from practicing medicine and surgery in said hospital.
This appeal is from a judgment entered August 5, 1950, dismissing the plaintiff's complaint and allowing costs to the defendants.
Schmitt, Eckhardt & Gullickson, Merrill, for appellant.
John L. Nesbitt, Ripon City Atty., Ripon, for respondents.
It has been determined in this state, in the case of State ex...
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Silver v. Castle Memorial Hospital
...P.2d 737 (1951); State ex rel. Sams v. Ohio Valley Generally Hosp. Ass'n, 149 W.Va. 229, 140 S.E.2d 457 (1965); Johnson v. City of Ripon, 259 Wis. 84, 47 N.W.2d 328 (1951).3 Such a view may not today provide for an automatic nonreviewable exclusionary right, however. In cases involving disc......
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Fletcher v. Eagle River Memorial Hosp., Inc.
...and staffing decisions were not subject to judicial review or subject to due-process requirements under Johnson v. City of Ripon, 259 Wis. 84, 86, 47 N.W.2d 328 (1951). There is no specific reference in either the complaint or the answer that the action was brought under 42 U.S.C. sec. Eagl......
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Berberian v. Lancaster Osteopathic Hospital Ass'n, Inc.
...N.J. 557, 568, 141 A.2d 18, 24-25; State ex rel. Wolf v. La Crosse Lutheran Hospital Ass'n, 181 Wis. 33, 38, 193 N.W. 994, 996; Johnson v. City of Ripon, supra, at Wis. 84, 86, 47 N.W.2d 328, 329. Consequently in a case such as the present, the nature of the contractual relationship between......
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Fletcher v. Eagle River Memorial Hosp., Inc.
...made at the time, the hospital was merely conceding that it was not a private hospital whereby the holding in Johnson v. City of Ripon, 259 Wis. 84, 86, 47 N.W.2d 328, 330 (1951), applied. Earlier in its motion for summary judgment, the hospital moved for dismissal when it argued that it wa......