McKay v. Washoe General Hospital
| Decision Date | 01 October 1934 |
| Docket Number | 3052. |
| Citation | 36 P.2d 78,55 Nev. 336 |
| Parties | McKAY v. WASHOE GENERAL HOSPITAL et al. |
| Court | Nevada Supreme Court |
Appeal from District Court, Washoe County; Thomas F. Moran, Judge.
On rehearing.
For former opinion, see 33 P.2d 755.
Harwood & Diskin, of Reno, for appellant.
Wm. McKnight, of Reno, for respondents.
Appellant has filed an urgent petition for a rehearing, in which it is insisted, among other things, "that the respondent neither in the lower court nor in the brief or oral argument before this court, at any time did not urge that the respondent was not a corporation, and for this reason no suit could be maintained against it."
As we pointed out in our opinion, the defendant demurred to the complaint in the lower court upon several grounds, among which was that the defendant has no legal capacity to be sued.
On page 21 of respondent's brief in this court we think it clearly appears that it was the theory that the respondent had no legal capacity to sue or be sued. Among other things, it is said: "The statute authorizing the creation of the Washoe County Public Hospital does not confer upon said hospital, or upon the trustees thereof, the power to sue or to be sued."
In our opinion we said: "In the instant case, the question is whether the defendants can be sued at all." That was the only question we undertook to determine.
We think we decided a question presented and one which disposed of the case, and that our conclusion was correct.
Petition denied.
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Granite Oil Securities v. Douglas County, 3596
...the question we are considering. But more strongly respondent relies upon McKay v. Washoe General Hospital, 55 Nev. 336, 33 P.2d 755, 756, 36 P.2d 78. Respondent takes the following out of its context and contends that it is controlling here: 'It is the well-recognized general rule that a c......
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Hardgrave v. State ex rel. State Highway Dept., 4660
...Particularly puzzling is the scope of a county hospital's liability in tort. McKay v. Washoe General Hospital, 55 Nev. 336, 33 P.2d 755, 36 P.2d 78 and Bloom v. Southern Nevada Memorial Hospital, 70 Nev. 533, 275 P.2d 885, tell us that county hospitals, created pursuant to state statute, ar......
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In Re: On Rehearing
...would have become immediately impressed with its sovereign character. In McKay v. Washoe General Hospital, 55 Nev. 336, 33 P.2d 755, 759, 36 P.2d 78, counsel conceded that a which is but a political subdivision of the state, could not be sued without legislative consent, but contended that ......
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Hughey v. Washoe County, 3947
...upon Bloom v. Southern Nevada Memorial Hospital, 70 Nev. 533, 275 P.2d 885, and McKay v. Washoe General Hospital, 55 Nev. 336, 33 P.2d 755, 36 P.2d 78. An order was entered dismissing the action as against the county for failure of the complaint to state a claim upon which relief could be g......