105 F. 886 | U.S. Circuit Court for the District of New Hampshire | 1900
in directing a verdict for Dartmouth College, said orally to the jury:
This is a suit by a student of Dartmouth College to recover $50,000 for personal injuries sustained through the alleged careless throwing down of a chimney by the superintendent of college buildings, and the suit is against both the college and the superintendent, who did the work. The injured student, upon notice by the superintendent that the chimney would fall at a given time, and that kodaks might be brought, was in the vicinity without a kodak, and by reason of curiosity merely; and neither willful nor wanton negligence is claimed against the college or its superintendent. At the conclusion of all the evidence the defendant moves that a verdict be directed in favor of Dartmouth College on the ground that it is an eleemosynary corporation, organized and managed solely for the administration of a public charity, and doing no business for private gain, and that it is not liable for negligence to a person who accepts its bounty. So far as the evidence goes in this case, the board of managers of Dartmouth College intrusted the work .of clearing buildings, in connection with which there was a chimney, from a tract of land which the college owned, and on which was to be erected a heating plant for college purposes. This work was done on grounds of college health, necessity, and sanitation, and there is no question in my mind but that it was in furtherance of the chartered trust. The evidence is all one way that the trustees discharged the obligation upon them, if such obligation exists in respect to a college of this character, to select a competent servant for such purpose, because the work, under
In the hurried examination which I have made of this question, I cannot do otherwise than accept the reasons in the situation presented as stronger against tort liability for personal injury than those existing in hospitals; for a student who enters college submits himself, in a sense, morally, physically, and intellectually, to the college management and' the college discipline, — in other words, he becomes a part of it, — while such paternal relations do not exist in the case of a hospital. It is asserted, and not denied, that there is no American
. At the outset, whether a right shall be created and established, or whether a right shall be extended, depends upon the question whether rales of justice and public policy require it to be done. The first redress was to return force by force, but, as civilization advanced, legal redress was given, in the nature of damages; and, by the growth of the common law and the statutes, the right of recovery has been extended to one condition and another. If such right exists in respect to corporations like the one in question, there is legal redress. The liability, however, in a given jurisdiction, is not an inherent and natural liability, and the right of the party injured to have relief does not exist as an absolute right until created by legislative enactment or judicial decision. In the absence of a statute or a judicial decision in New Hampshire, and none being cited from other jurisdictions, and as the plaintiff relies upon the general rule as to liability and supposed analogous decisions, I do not wish to be the first judge to declare such right of recovery in New Hampshire. If the right of recovery exists in this class of cases, the right extends to place, as chapel, lecture and recitation rooms; to machinery, appliances, and materials; experiments with-chemicals and electricity; conditions of the campus and the playgrounds, as to smoothness, ice, and snow, where students are invited or permitted to go for exercise and college sports and games. In my view, it is extremely doubtful whether the personal injury liability law is. understood to extend to institutions of this kind. Counsel for the plaintiff in effect claim that the general rule of tort liability applies proprio vigore, or ex rigore juris, unless it clearly appears that the charterer intended otherwise. Is this so? Should the rule vf liability and right of recovery be held to exist unless it’ clearly appears by the charter that the charterer so
The jury is directed to render a verdict for the college. The plaintiff excepts. That part of the motion asking that a verdict be directed in favor of McKenzie, the superintendent, is not granted, and the defendant excepts.