Stewart v. Cal. Med. Missionary & Benevolent Ass'n

Citations

• 178 Cal. 418

Syllabus

<p>Hospitals—Negligence — Injury to Hospital Patient—Charitable Corporation — Articles of Incorporation not Conclusive.— Where, in an action against a hospital corporation for damages suffered by a patient through the negligence of an employee, the defendant claims exemption from liability on the ground that it is a charitable corporation, the character of the corporation is to be determined not alone by its powers as defined in its charter, but also by the method of transacting business of the hospital.</p> <p>Id.—Hospital Operated for Profit—Finding Supported by Evidence —Liability.—Where the evidence, in an action against a hospital corporation for injuries sustained by a patient through negligence of a servant, showed that the hospital business of the defendant corporation was conducted in the name of the St. Helena Sanitarium, that there was nothing to indicate that the sanitarium was conducted by the defendant, or that any property was ever conveyed to the defendant for charitable purposes, and the evidence showed, further, that the injured plaintiff paid the full price for her room and operation and treatment and was not the recipient of any charity, and that the defendant had never treated any patients without adequate consideration, the finding of the court that the hospital was in fact operated for profit was supported by the evidence, even though the general purposes of the corporation were charitable.</p> <p>Id.—Nonexemption for Liability.—Where the evidence in such case shows and the court finds that the hospital was operated for profit, there is no good reason for exempting the corporation operating such hospital from the liability incurred by other hospitals operated for profit.</p>