Sibilia v. Paxton Memorial Hospital

• Decision Date: 05 November 1931
• Docket Number: 27917
• Citation: 238 N.W. 751,121 Neb. 860
• Parties: CATHERINE SIBILIA, APPELLANT, v. PAXTON MEMORIAL HOSPITAL, APPELLEE
• Court: Nebraska Supreme Court

238 N.W. 751

121 Neb. 860

CATHERINE SIBILIA, APPELLANT, v. PAXTON MEMORIAL HOSPITAL, APPELLEE

No. 27917

Supreme Court of Nebraska

November 5, 1931

APPEAL from the district court for Douglas county: CHARLES LESLIE JUDGE. Affirmed.

AFFIRMED.

Syllabus by the Court.

" A charitable institution conducting a hospital solely for philanthropic and benevolent purposes is not liable to inmates for the negligence of nurses." Duncan v Nebraska Sanitarium & Benevolent Ass'n, 92 Neb. 162, 137 N.W. 1120, 41 L.R.A. (N. S.) 973, Ann.Cas. 1913E, 1127.

Appeal from District Court, Douglas County; Leslie, Judge.

Action by Catherine Sibilia against the Paxton Memorial Hospital. Judgment for the defendant, and the plaintiff appeals.

Affirmed.

Grenville P. North, James Millett and North, Caldwell & Gillogly, for appellant.

Brown, Fitch & West, contra.

Heard before ROSE, GOOD, DAY and PAINE, JJ., and BEGLEY, District Judge. PAINE, J., concurring.

OPINION

DAY, J.

This action was brought to recover damages from the Paxton Memorial Hospital alleged to have been sustained by reason of a burn caused by the negligent placing of a hot water bottle on the person of the plaintiff. At the close of all the testimony, the trial court directed the jury to return a verdict in favor of the defendant.

It appears from the record that the plaintiff paid the defendant for the services rendered; that the hospital was not organized for profit; that no dividends were to be paid upon the stock; and that no benefits out of the funds were to accrue on account of membership. The articles of incorporation provided that "the only persons who shall receive any remuneration out of its funds shall be managers, employees, nurses, superintendents, teachers and those who actually render full service therefor; " that any surplus accumulated beyond its needs was to be paid over to other Nebraska charities.

This case seems to come within the rule announced in Duncan v. Nebraska Sanitarium & Benevolent Ass'n, 92 Neb. 162, 137 N.W. 1120, which was later discussed in Marble v. Nicholas Senn Hospital Ass'n, 102 Neb. 343, 167 N.W. 208, and in Malcolm v. Evangelical Lutheran Hospital Ass'n, 107 Neb. 101, 185 N.W. 330. These later cases did not depart from the rule that "a charitable institution conducting a hospital solely for philanthropic and benevolent purposes is not liable to inmates for the negligence of nurses." Duncan v. Nebraska Sanitarium & Benevolent Ass'n, 92 Neb. 162, 137 N.W. 1120. The overwhelming weight of authority supports this rule of law, although there is great disagreement upon the reason for the rule. It does not seem necessary to again discuss the reason for the rule or the conflicting theories. It has been so exhaustively discussed by courts, text-writers and annotators that we forego the opportunity to enter this inviting field of theoretical discussion. Applying the rule to the case at bar, the trial court did not err in directing a verdict in favor of defendants. Judgment

AFFIRMED.

CONCUR BY: PAINE

PAINE J., concurring.

Innumerable cases from many states support the law as stated in the syllabus of this case. These cases have been founded upon the...