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Negligence-Immunity Of Charitable Institutions From Suit, W. Garrett Flickinger S.Ed. Dec 1952

Negligence-Immunity Of Charitable Institutions From Suit, W. Garrett Flickinger S.Ed.

Michigan Law Review

A patient of defendant charitable hospital died as a result of the transfusion of an incorrect blood type and it was shown that one of defendant's employees had correctly typed the blood but negligently mislabeled it. The widower and children of the deceased brought an action in negligence for damages and the circuit court allowed recovery. On appeal, held, affirmed. The defendant hospital is liable in damages for the death of the deceased caused by the negligence of its employee notwithstanding the fact that defendant is a charitable institution and that the hospital authorities exercised due care and caution …


Negligence-Right To Recover For Pre-Natal Injurie, James S. Taylor S.Ed. Dec 1952

Negligence-Right To Recover For Pre-Natal Injurie, James S. Taylor S.Ed.

Michigan Law Review

The plaintiff-infant by his guardian ad litem brought an action against the defendant alleging that while he was en ventre sa mere during the ninth month of his mother's pregnancy, he sustained, through the defendant's negligence, such serious injuries that he was born permanently maimed and disabled. The trial court dismissed the complaint for failure to state a cause of action. The appellate division affirmed. On appeal, held, reversed, two judges dissenting. A complaint alleging pre-natal injuries tortiously inflicted on a nine month foetus viable at the time and actually born later states a good cause of action. Woods …