Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-01-28
SUPREME COURT
HOSPITAL CASE
Holds That Holy Cross is Not a
Charitable Institution,
Therefore Liable.
LOSES EYESlGHT, MAN SUES.
Lower Courts Judgment Is Reversed
Nnd Blind Mans Case VIII be
Tried Again.

The supreme court today handed
down an opinion reversing the judg-
ment Of the lower court In the case
of Frank Gitshonen. appellant, VS.,
the Sisters of the Holy Cross Hospital
association, and granted appellant a
new trial, The action was brought in
this county TO recover damages in the
sum OF $4,000 for the loss of pltintiff's
eyeslght, alleged to have been caused
by the negligent treatment he received
at the hands OF tho nurses at the Holy
Cross hospital In its decision the
supreme court holds that the Holy
cross hospital is not IA charitable insti-
luton, but is one organized for pecuni-
airy profit and hence is held liable for
the negligence Of it's nurses when act
ins within the scope Of their authority.
Gitzhoffen was suffering from a Sc
rious eye disease and was placed in the
hospital for treatment by the county
commissioners on July %. 1903. County
Physician Mayo and his assistant, DIR,
Odell, attended him and called in the
services of an expert oculist After
an examination of the mans eyes it
was decided that he should have a
wash applied to his eyes every 20 min
utes during the day and night and they
so instructed the nurse in charge OF
the patient. This would have required
the attendance Of two nurses. Not
withstanding the instructions. Gitz-
hoffen claims that he had only one
nurse, aud that she washed his eyes
only two or three times each day. Be
cause of their negligence in this respec'
he lost his eyesight.
Tho hospital association commended
that it is charitable organization. and
treated plaintiff as a charity case. and
should not he held lible. The lower
court instructed the jury TO return a
verdict in favor of defendant, which
was done, An appeal was then taken
TO the supreme court.
In the opinion, which was written by
Justice Straup and concurred in by
| Chief Justice McCarty and Justice
Frick, II is held that the evidence shows
that the hospital is a pecuniary insti-
tuition, being incorporated in the sum OF
! $4,000 and having hospitals in various
| cities in the United states and that II
| was paid SAL by the county commits
sioners for caring for Gitzhoffen, hence
| It was liable for the negligence of it's
| nurses. For that reason It is held that
the lower court erred in instructing the
| jury to return q, verdict In favor OF
defendant and in not allowing the jury
to determine the question OF the negli-
gence of the defendant. The Judgment
is reversed with instructions TO grant
new trial
THIS ONE AFFIRMED.
An opinion was handed down by the
supreme court today affirming tho judg
ment OF the lower court In the case OF
Raphael Cottrcll against Alexander
Pickering. appellant. The action WAS
braught to recover possession of and
| quiet title to a strip of land awo feet and
four inches in width by 10 rode in
length, being a part of lot 4, block H.
plat A, Salt Lake City survey. The de-
PENDANT had fenced the land In with
out the consent of plaintiff and claimed
the ownership of It. The lower court
rendered q decree In favor of plaintiff
for the recovery OF the land and quiet
ing his title to 1t. This judgment Is now
affirmed by the supreme coure. The
opinion of the court was written by JUS
tice Frick and concurred in by Chief
hIc...1,.t,r ItAntina