Chapter XXV · Eleemosynary Institutions
Reading edition
336. Poor, Institutions, Negligence.—As hospitals, homes for the poor, and other eleemosynary institutions are supported by money given to charity, it would be a diversion of the trust funds if such institutions could be compelled to pay damages for negligence causing personal injury or death. The general rule is that the person causing the injury may be liable, but not the institution.600 However, a charitable institution has been held liable for negligence of its manager to notify a nurse of the contagious nature of a case assigned to her.601
337. Surgeon, Gratuitous Services.—A charitable medical institution is not liable for the negligence of its surgeon in operating upon a patient gratuitously where such institution exercises due care in employing a surgeon deemed competent. The fact that besides such gratuitous services, medicine is taught therein for tuition fees and patients who are able to pay are charged a small fee [pg 180] for room, board, nursing, etc., but no fee from the patient to the doctor, does not change it from a charitable institution.602 However, a hospital that is an adjunct to a medical school is liable.603
338. Charitable Institution.—An institution that limits its benefactions to the members of a particular denomination is, in the absence of a statute to the contrary, a charitable institution.604 This rule has exceptions.605
339. Charter, Real Estate.—The trustees of a religious, literary, or other benevolent society, can not, irrespective of the powers granted by its charter, purchase and hold real estate under trusts of their own creation which will protect their property from creditors.606
340. Mortmain, Title, Trust.—The statute of mortmain was never in force in Pennsylvania, so a religious corporation can hold the legal title to land in trust for the heir-at-law of a testator who has devised it to the corporation in trust for uses that [pg 181] were void under the English law.607 The only States that have statutes of mortmain are Mississippi and North Carolina. Yet in those States the statutes are somewhat different from the law of England.
341. Public Institutions, Support.—Benevolent and charitable institutions under a church are not public institutions, and moneys can not be appropriated for their support.608
342. Nuns, Vows, Property.—When joining a society of nuns, one of the vows taken was that all property should be held in common and whatever property was received after taking the vows should belong to the society. A person who left the order was not concluded from making claim for her property.609
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