Emery v. Littlejohn

Citations

• 83 Wash. 334
• 145 P. 423
• 1915 Wash. LEXIS 692

Syllabus

<p>Insane Persons — Discharge Prom Hospital — Torts oe Insane Person — Liability of Superintendent. Under Rem. & Bal. Code, § 5967, providing that any patient may be discharged from the state hospital for the insane when, in the judgment of the superintendent, it may be expedient, the superintendent acts in an official capacity in a matter involving his discretion in discharging an inmate, temporarily out on parole; hence he is not liable for damages sustained by a third person by reason of turning the inmate at large, where he did not act maliciously or corruptly.</p> <p>Same — Discharge—Powers of Superintendent — Statutory Provisions. The fact that Rem. & Bal. Code, § 5962, provides for the discharge of inmates of the hospital upon application of relatives, etc., by an order of court, after notice to the superintendent and a hearing with provisions for the return of the inmate in case he is not properly cared for or is dangerous, does not negative the superintendent’s power to exercise discretion other than in relation to an absolute discharge; since the above section has nothing to do with the superintendent’s discharge on his own motion.</p> <p>Same — Discharge—Absolute or Conditional. The power of the superintendent of the state insane hospital, given by Rem. & Bal. Code, § 5967, to discharge inmates includes the power to discharge them conditionally or upon parole.</p> <p>Same — Discharge Prom Hospital — Liability of Superintendent —Negligence. The fact that the superintendent acted negligently in discharging an inmate conditionally, and did not immediately take steps to send a guard for his return, upon hearing that he was giving some trouble (his relatives agreeing to send him East next morning) does not affect the nonliability of the superintendent to answer in damages to one who was injured by an insane attack of the discharged inmate (Fullerton, J., dissenting).</p> <p>Same — Custodian — Duties and Liabilities — Torts of Insane Person — Evidence—Sufficien