279 F. 188 | D.C. Cir. | 1922
While appellant’s wife was a patient in the-psychopathic ward of the Washington Asylum and Jail for observation
For a long time the Washington Asylum, a hospital, and the jail of the District were separate institutions, each having its own government. Congress by Act of March 2, 1911 (36 Stat. 1003), made them one institution, under the name of Washington Asylum and Jail, and they were such at the time of the death of appellant’s wife. Persons needing attention because of their physical or mental condition are received for treatment and observation, but no charge is made for any services rendered to them. It was under these circumstances that appellant’s wife was in the ward at the time of her death.
“The furnishing oC aid to indigent persons and the care of those morally mentally or physically defective, are * * * duties which rest upon the*190 state and which can be classed as governmental in their character. In the carrying out of this function, an immunity is granted in respect to all acts or agencies.” 3 Abbott on Municipal Corporations, p. 2247, § 969.
“For the acts and omissions of its officers and agents in the exercise of powers of the former class, such as * * * the power through its board of health or other agency to protect its inhabitants against disease and un-, sanitary conditions, and to care for the sick, * * * the city, like the state, is not liable to pay damages in civil actions.” City of Winona v. Botzet, 169 Fed. 321, 94 C. C. A. 563, 23 L. R. A. (N. S.) 204.
Supporting a similar doctrine are Gilboy v. Detroit, 115 Mich. 121, 73 N. W. 128; Noble v. Hahnemann Hospital of Rochester, 112 App. Div. 663, 98 N. Y. Supp. 605; Hill v. Boston, 122 Mass. 344, 23 Am. Rep. 332; Loeffler v. Trustees of Sheppard & Enoch Pratt Hospital, 130 Md. 265, 100 Atl. 301, L. R. A. 1917D, 967; Weston, Administratrix, v. Hospital of St. Vincent de Paul (Va.) 107 S. E. 785.
Appellant admits that in maintaining the jail the District acts in its governmental capacity, and is not liable for the negligence of its employes. This being so, it must follow that the District is not responsible in the instant case, because in conducting the hospital it was acting in the same capacity — it was exerting its police power in caring for the sick. A number of authorities are brought to our attention in which municipalities were held responsible for the acts of their agents, but they all relate to cases arising from negligence in the proprietary or quasi private capacity of the municipalities; such, for instance, as negligence in failing to keep public roads, bridges, and sidewalks in proper condition. The point was not passed upon in McGraw v. District of Columbia, 3 App. D. C. 405, 25 L. R. A. 691, stressed by appellant. On the contrary, the court expressly refrained from doing so, and turned the case upon another question, although it intimated a view in consonance with those we have here expressed.
The court below was right, and its judgment is affirmed, with costs.
Affirmed.