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Negligence-Charities-Immunity From Tort Liability, Jean Engstrom S.Ed.

Michigan Law Review

When leaving a church service, plaintiff fell on ice that had formed as a result of poor drainage facilities on the public sidewalk outside defendant's church building. An action was brought based on negligence and the maintenance of a public nuisance. Defendant's answer claimed a right as a privately conducted charity to immunity from tort liability. Plaintiff demurred, the demurrer was overruled, and the case was transferred to the Supreme Court for a decision on that issue. Held, decree overruling the demurrer reversed. Charitable institutions are not entitled to immunity from tort liability. Foster v. Roman Catholic Diocese of …