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
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- p. 647, A. p. 557
- p. 647, A. p. 557
- p. 647, A. p. 557
Source: CourtListener parenthetical corpus (CC0).
Judges: Clark, Gordon, Green, Paxson, Sterrett, Trunkey, Williams
Read full opinion on CourtListenerCited by
69 cases in this archive cite this case; the 20 most cited are listed.
- Mark v. Borough of HatboroThird Circuit· 1995-04-28· cited 669×
- Flagiello v. Pennsylvania HospitalSupreme Court of Pennsylvania· 1965-03-22· cited 182×
- President & Directors of Georgetown College v. HughesD.C. Circuit· 1942-06-30· cited 136×
- Scibilia v. PhiladelphiaSupreme Court of Pennsylvania· 1924-03-10· cited 100×
- Union Pac. Ry. Co. v. ArtistEighth Circuit· 1894-02-12· cited 95×
- Hill School Tax Exemption CaseSupreme Court of Pennsylvania· 1952-03-24· cited 82×
- Gable v. Sisters of St. FrancisSupreme Court of Pennsylvania· 1910-01-06· cited 61×
- Bruce v. Central Methodist Episcopal ChurchMichigan Supreme Court· 1907-03-05· cited 58×
- Shenandoah Borough v. PhiladelphiaSupreme Court of Pennsylvania· 1951-03-19· cited 52×
- Phila. v. Masonic HomeSupreme Court of Pennsylvania· 1894-04-02· cited 49×
- Harris v. Young Women's Christian Assn. of Terre HauteIndiana Supreme Court· 1968-06-04· cited 44×
- Radobersky v. Imperial Volunteer Fire DepartmentSupreme Court of Pennsylvania· 1951-06-27· cited 42×
- Board of Home Missions & Church Extension of the Methodist Episcopal Church v. PhiladelphiaSupreme Court of Pennsylvania· 1920-02-23· cited 40×
- Arkansas Midland Railroad v. PearsonSupreme Court of Arkansas· 1911-03-20· cited 37×
- Ferruzza v. PittsburghSupreme Court of Pennsylvania· 1958-11-10· cited 35×
- County of Northampton v. Lafayette CollegeNorthampton County Court of Common Pleas· 1889-10-07· cited 35×
- Michael v. Hahnemann Medical College & Hospital of PhiladelphiaSupreme Court of Pennsylvania· 1961-06-27· cited 33×
- Knecht v. Saint Mary's HospitalSupreme Court of Pennsylvania· 1958-03-24· cited 32×
- Bond v. PittsburghSupreme Court of Pennsylvania· 1951-11-13· cited 25×
- Zern Et Ux. v. MuldoonCommonwealth Court of Pennsylvania· 1986-10-16· cited 24×
Cites
7 cases in this archive are cited by this case.
- Jewett v. City of New HavenSupreme Court of Connecticut· 1871-09-15· cited 53×
- Sherbourne v. Yuba Cty.California Supreme Court· 1862-07-01· cited 41×
- Humane Fire Company's AppealSupreme Court of Pennsylvania· 1879-02-03· cited 18×
- Manners v. Philadelphia Library Co.Supreme Court of Pennsylvania· 1880-02-11· cited 14×
- Mitchell v. City of RocklandSupreme Judicial Court of Maine· 1860-07-01· cited 11×
- Wright v. LinnSupreme Court of Pennsylvania· 1848-01-20· cited 8×
- Patterson & Co. v. Pennsylvania Reform SchoolSupreme Court of Pennsylvania· 1879-11-28· cited 8×
Sourced from CourtListener / Free Law Project (CC0).
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