Nicholson v. The Atchison

• Decision Date: 11 March 1916
• Docket Number: 19,974
• Citation: 155 P. 920,97 Kan. 480
• Court: Kansas Supreme Court
• Parties: JOEL S. NICHOLSON, Appellant, v. THE ATCHISON, TOPEKA & SANTA FE HOSPITAL ASSOCIATION, Appellee

155 P. 920

97 Kan. 480

JOEL S. NICHOLSON, Appellant, v. THE ATCHISON, TOPEKA & SANTA FE HOSPITAL ASSOCIATION, Appellee

No. 19,974

Supreme Court of Kansas

March 11, 1916

Decided, January, 1916.

Appeal from Shawnee district court, division No. 1; ALSTON W. DANA judge.

Judgment affirmed.

SYLLABUS

SYLLABUS BY THE COURT.

1. CHARITABLE ASSOCIATIONS -- Negligence of Physicians and Attendants--Liability of Association. Charitable associations conducting hospitals are not liable for the negligence of their physicians and attendants resulting in injury to patients unless it is shown that the association maintaining the hospital has not exercised reasonable care in the employment of its physicians and attendants.

2. SAME--Railroad Employee--Neglect of Physicians--Liability. The foregoing rule is applied in an action by the father of a deceased employee of a railroad company against a hospital association for the neglect of its physicians and attendants in failing to give the son suitable care and attention, where it appears that the defendant is an association maintained by the railroad company for the treatment of its employees while sick, and is supported by the monthly contributions of all its employees who, so long as they remain in the service of the railroad company and contribute to the fund, are entitled to the benefits of the hospital free of charge.

3. SAME--Petition--Subject to Demurrer. In such an action a petition which fails to allege that the defendant did not exercise reasonable care in the selection of its physicians and attendants is subject to demurrer.

Edwin L. O'Neil, of Topeka, and R. B. Forrest, of El Reno, Okla., for the appellant.

William R. Smith, Owen J. Wood, and Alfred A. Scott, all of Topeka, for the appellee.

OPINION

PORTER, J.:

In this case the father of a deceased employee of a railroad company is suing a hospital association for neglect of its physicians and attendants in not giving to the son suitable care and attention. The defendant is an association maintained by the railroad company for the treatment of its employees while sick, and is supported by the monthly contributions of all its employees; and, so long as they continue in the employ of the railroad company, contributors to the fund are entitled to medical aid, surgical attendance and medicines free of charge.

The petition alleges that plaintiff's son became ill at his boarding house in Topeka while in the employ of the railroad company and was being cared for and treated there by competent physicians; that while in that condition he was removed against his protest to the hospital by the agent of the company; that they carried him from a warm, comfortable room into the outer air and failed to protect his person from the cold; that he became chilled and suffered an attack of pneumonia from the effects of which he died. It is further alleged that after his removal to the hospital the defendant wholly failed to give him medical treatment and professional care during his illness; that he was taken to what is known as the convalescent ward of the hospital where the windows were kept open, subjecting him to drafts of cold air without sufficient bed covering; that no stethoscope was used to discover the condition of his lungs, and no effort was made by any of the physicians, servants or attendants of defendant to determine his condition until a few hours before his death. It is alleged that his death was the result of these acts of negligence on the part of the association by its physicians and attendants.

The trial court sustained a demurrer to the petition. Plaintiff elected to stand upon his petition, and appeals.

All contributors to the fund by which the association is maintained are entitled, so long as they remain in the employ of the railroad company, to the benefits of the hospital. They may in case of accident, sickness or disease of any kind be taken to the hospital where they are given, free of all expense, such medical or surgical care and attention as may be necessary. The institution is maintained for the mutual benefit of the contributors to the fund, and in no sense is it maintained for profit. Its liability to a patient for injuries resulting from negligent failure of the physicians and attendants in its employ properly to care for the patient must be determined upon the same principles of law which govern similar actions against eleemosynary or charitable associations conducting hospitals. The rule seems fairly...