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PAYNE v. GARVEY

No. 848.

142 S.E.2d 159 (1965)

264 N.C. 593

Beulah PAYNE v. F. K. GARVEY, Frank Sohmer, David Gayer and the North Carolina Baptist Hospitals, Inc.

Supreme Court of North Carolina.

June 2, 1965.

Attorney(s) appearing for the Case

Dalton & Long, by W. R. Dalton, Jr., Burlington, for plaintiff appellant.

Smith, Moore, Smith, Schell & Hunter, by Richmond G. Bernhardt, Jr., Greensboro, for defendant Dr. Frank Sohmer, appellee.

Womble, Carlyle, Sandridge & Rice, by Irving E. Carlyle, Winston-Salem, Sapp & Sapp, by Armistead W. Sapp, Greensboro, for North Carolina Baptist Hospitals, Inc., appellee.

PER CURIAM.

The plaintiff admits the defendant Hospital is an eleemosynary institution, and perhaps not responsible under respondeat superior rules for the negligent acts of its employees. She does contend, however, that the hospital was under a positive duty to furnish safe equipment, including thermometers, for the use of employees in treating the hospital patients. If we accept the proposition that the hospital was charged with that duty, its exercise would...

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