MICHAEL v. HAHNEMANN M.C. & HOSPITAL


404 Pa. 424 (1961)

Michael, Appellant, v. Hahnemann Medical College and Hospital of Philadelphia. Ellsworth, Appellant, v. St. Agnes Hospital.

Supreme Court of Pennsylvania.

June 27, 1961.


Attorney(s) appearing for the Case

Harry Lore, with him Dorfman, Pechner, Sacks & Dorfman, for appellant.

James E. Beasley, with him Jerome E. Ornsteen and Cohen, Ornsteen and Beasley, for appellant.

John J. Tinaglia, with him Michael A. Foley, for appellee.

Morris Duane, with him John B. Martin, and Duane, Morris & Hecksher, and Cornelius C. O'Brien, Jr., for appellee.

Stephen B. Narin, Marvin Garfinkel, and Narin and Garfinkel, and Quinlan, Ozorowski & Brandschain, filed a brief as amicus curiae under Rule 46.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.


OPINION BY MR. CHIEF JUSTICE JONES, June 27, 1961:

The appeals in these two cases will be disposed of in this one opinion since the contentions of the appellants in both cases are the same. Simply stated, the question posed is whether the rule of law that an eleemosynary institution is not liable for the torts of its agents and employees shall now be abrogated by this court's decision.

In the case in which St. Agnes...

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