The Appeal Court Reports [1903-1907]
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Rep. 243,24 S. W. 1065; Mna^r.^^"^^^'^ Eastern State Hospital, 97 Va. 507, 47 L. R. A. 577, 34 S. E. j>athic 617 ; Pa-ry v. House of Refuge, 63 Md. 20, 52 Am. Rep. 495. As ^<'^/''«^ we understand the reasoning, it amounts to this : All the funds of a public charitable hospital are held in trust for a particular charitable purpose. It is a breach of trust to apply them to any other purpose. The payment of damages - recovered for the negligence of the hospital servants is not within the terms of the trust. Hence the funds cannot be ■■employed for that payment, and, if the funds cannot be so employed, a bare judgment against the corporation is nugatory, and should not be permitted. If this proposition is true, then, as suggested by the learned judge who presided at the trial below, it follows that, if the defendant, by its servants, should negligently permit the staircase of a building from which it derives a profit to fall out of repair, it would not be liable for damage suffered by reason of this negligence.
What to read after The Appeal Court Reports [1903-1907]?
You can find similar books in the "Read Also" column, or choose other free books by Ceylon. High Court of Appeal to read online
To quickly assess the difficulty of the text, read a short excerpt:
Rep. 243,24 S. W. 1065; Mna^r.^^"^^^'^ Eastern State Hospital, 97 Va. 507, 47 L. R. A. 577, 34 S. E. j>athic 617 ; Pa-ry v. House of Refuge, 63 Md. 20, 52 Am. Rep. 495. As ^<'^/''«^ we understand the reasoning, it amounts to this : All the funds of a public charitable hospital are held in trust for a particular charitable purpose. It is a breach of trust to apply them to any other purpose. The payment of damages - recovered for the negligence of the hospital servants is not within the terms of the trust. Hence the funds cannot be ■■employed for that payment, and, if the funds cannot be so employed, a bare judgment against the corporation is nugatory, and should not be permitted. If this proposition is true, then, as suggested by the learned judge who presided at the trial below, it follows that, if the defendant, by its servants, should negligently permit the staircase of a building from which it derives a profit to fall out of repair, it would not be liable for damage suffered by reason of this negligence.
What to read after The Appeal Court Reports [1903-1907]?
You can find similar books in the "Read Also" column, or choose other free books by Ceylon. High Court of Appeal to read online
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