Fire Insurance Patrol v. Boyd

Citations

• 120 Pa. 624
• 15 A. 553
• 1888 Pa. LEXIS 516

Syllabus

<p>1. The true test of a legal public charity is the character of the object sought to be attained, the purpose to which the gift is to be applied ; not the motive of the donor.</p> <p>2. A corporation which in the performance of its corporate duties is acting, without gain or profit, in aid and ease of the municipal government in the preservation of life and property at fires, whether as a volunteer or not, is a public charity and not subject to the doctrine of respondeat superior.</p> <p>8. The Fire Insurance Patrol of Philadelphia, incorporated by the act of April 26, 1871, P. L. 59, to save life and property in and contiguous to burning buildings, being without money capital but supported by voluntary contributions of fire insurance companies, making and dividing no profits or dividends and in saving property making no discrimination between property insured and property not insured, is a public charity and not liable for the negligence of its employees. „</p> <p>4. When a public corporation has no property or funds but what have been contributed for a special, charitable purpose, it would be against all law and all equity to apply the trust funds thus contributed, to compensate injuries inflicted by the negligence of its agents and servants : per Mr. Justice Paxson.</p> <p>5. At the trial of a joint action against three tort-feasors, a compulsory nonsuit was entered as to two and a verdict rendered against the other. Pending a writ of error taken by plaintiff on the order of nonsuit, the defendants paid the jury fee and had the prothonotary enter judgment on tlie verdict rendered. The order of nonsuit was reversed on the writ of error, and on a second trial, had against the objection of the then defendant on the ground of the judgment already existing, there was a verdict lor the plaintiff. Afterwards on motion of plaintiff’s attorney a rule to strike off the first judgment was made absolute, when plaintiff paid both jury fees and had judgment entered on both v