The broad ax., 1916-08-19
LIABILITY FOR CONSEQUENCES |
OF PERMITTING AN INSANE
PERSON TO GO Ar LARGE-CASE
OF FIRST IMPRESSION.
New York Law Journal.)

\ I6hOON ~ OO III LAhtE-GASG
OF FIRST IMPRESSION.
New York Law Journal.)
The decision of the Supreme Court
of Washington in Emery v. Little
john ct al. (January, 1915, 145 Pac.
423) will be of general interest be-
cause it involves the question of liza
bility for negligence through want of
care and restraint of an insane person,
upon which question it is stated in
one of the opinions, there is not a
single previous decision by any court.
The facts are substantially as fol-
lows: One "P." had been committed
to State hospital for the insane, Of
which the defendant-appellant, DR.. A.
P. Calhoun, was superintendent. The
insane person had never manifested
suicidal or homicidal tendencies. He
was, however, suffering from decisions
that persons-especially detectives
were pursuing him to do him injury.
Physically he was in a normal state
of health. A statute Of Washington
provides that "any patient may be dis
charged from the hospital when, In
the judgment of the superintendent, 1t
may be expedient" After the patient
had been kept in the hospital for two
weeks he was released by the defend
ant superintendent in charge Of his
mother, who signed writing usually
required of those taking patients from
the hospitah on parole, knowing that
he was not fully recovered, and as
sumed all responsibility for his &C
tions; that she agreed to care for him
and return him to the hospital If nee
essary. She took him to her home
where she was residing with her hus-
band, the insane persons stepfather.
The condition of the patient while In
the hospital was one of apparent rapid
Improvement and nothing occurred to
indicate anything other than continu-
Gus improvement until some ten days
after he had been brought home, when
two police officers Of the city of
Tacoma visited the home of the in
sane persons parents and informed
them that he had been writing love
letters to and alarming an actress
participating in theatrical perform
ance then being given in Tacoma. The
parents of the patient thereupon furn-
ished him with money and honestly
believed that he started to visit rela-
tives in Missouri, and went to Seattle
with a view of such eastward journey.
Instead of doing so, however, he went
to Portland, Oregon, where the the
atrical company was then performing,
and turned up at the theater where
the performance was being given.
The manager of the show, who is
the plaintiff in the present action for
damages for personal injuries brought
against the superintendent of the hos
pital and the mother and stepfather of
the insane person, described what &C.
Cured in the following language:
"On the evening of the 9th of July,
Tuesday evening, 1 believe 1t was, dur
ing the latter part of the second per-
Torrance, one of the stage hands came
to me and reported gentleman in
the hall to see one of the lady per-
formers, and almost the same time
think Miss Callie Lowe made the ex-
clamation, There is the man that am
afraid Of I walked out to the hall,
which is on the same level with the
stage and the entrance from the alley
to the stage, and standing in the hall
was a man. I walked right close up to
him, possibly a foot and a half, as 1
would speak to anybody, and 1 asked
who he wished to see, and he said, I
am o. w. Pence, and 1 am engaged
to be married to Callie Lowe; I would
like to speak to her. While he was
speaking I noticed on the lower part
of his vest he had a badge, an officers
badge, deputy sheriff, and it was turn
ed upside down so 1 couldn't read it,
and, as he finished speaking, reach
ed over and turned over the badge so
1 could read the letters. l says, What
kind of a badge is that? He said.
What have you got to say about it?'
And he pulled his gun out and COM
menced firing and struck me-"
Negligence is defined as ''the omis-
sion to do something which a reason
able man, guided by those considera-
lions which ordinarily regulate the
conduct of human affairs, would do, or
the doing something which prudent
and reasonable man would not do. The
standard is not that Of a particular
man, but of the average prudent man"
The Supreme Court of Washington
consists Of nine judges, and the man
ner in which the court divides as to
the legal responsibility Of the three
s-S.-S.r&. a. orv,oof op,uofpo Tn no.