Roberts v. Kirksville College of Osteopathy & Surgery
| Decision Date | 29 April 1929 |
| Docket Number | No. 16608.,16608. |
| Citation | 16 S.W.2d 625 |
| Court | Missouri Court of Appeals |
| Parties | ROBERTS v. KIRKSVILLE COLLEGE OF OSTEOPATHY & SURGERY. |
Appeal from Circuit Court, Schuyler County; W. A. Higbee, Judge.
"Not to be officially published."
Action by Emma Roberts against the Kirksville College of Osteopathy & Surgery, a corporation. From an adverse judgment, plaintiff appeals. Affirmed.
W. Gray Snyder, of Ewing, for appellant.
M. D. Campbell, of Kirksville, and Higbee & Mills, of Lancaster, for respondent.
This is a suit for personal injuries. Plaintiff, as a pay patient, was operated upon for appendicitis in the hospital owned and conducted by defendant. The evidence tended to establish the fact that plaintiff was negligently burned by a hot water bottle which was applied to her feet by an employee of defendant while she was under the influence of an anesthetic. Defendant is a corporation. It alleged in its answer and proved by documentary evidence that it is organized without capital stock as a charitable association; that no founder or organizer of the corporation was entitled to receive any pecuniary profit from the operation of the hospital or other activity of the corporation, and all its funds, however derived, were held in trust for the purpose of conducting a school for osteopathy, medicine, and surgery and to conduct infirmaries and hospitals.
It was admitted that the buildings and equipment had been donated to the corporation as an endowment and that many patients were given free treatment. The court sustained a demurrer to the evidence, judgment went accordingly, and plaintiff appealed.
The demurrer was properly sustained. The agents of the charity who do the negligent acts which result in a plaintiff's injury are liable therefor; but the doctrine of respondeat superior does not apply to defendant, because it is a charity and holds all its funds in trust to carry out the benevolent purposes for which it was chartered by the state. The reasons for this rule need not be discussed, because they are fully explained in the case of Nicholas v. Evangelical Deaconess Home, etc., 281 Mo. 182, 219 S. W. 643, and authorities there cited.
The judgment is affirmed.
The foregoing opinion by BARNETT, C., is hereby adopted as the opinion of the court.
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