repudiating charitable immunity as "inconsistent with the principle that 'liability should fall upon the party best situated to adopt preventive measures and thereby reduce the likelihood of injury’ ”
How later courts described this case
- repudiating charitable immunity as "inconsistent with the principle that 'liability should fall upon the party best situated to adopt preventive measures and thereby reduce the likelihood of injury’ ”
- stating when rule offends against reason, courts not only possess inherent authority to repudiate rule, but are required to do so
- liability for negligence assures compensation for injury and “gives warning that justice and the law demand the exercise of care”
- discussing the growth of the charitable immunity doctrine in the United States
Written by the judges who cited it.
The opinion
Concurring Opinion by
Mr. Justice Cohen :
In Parker v. Port Huron Hospital, 361 Mich. 1 , 105 N.W. 2d 1 (1960), relying mainly upon the analysis of Judge Rutledge in President and Directors of Georgetown College v. Hughes, 130 F. 2d 810 (D.C. 1942), Michigan abandoned the judicial rules which would prohibit the instant suit against defendant hospital. I find it unnecessary to say, cite, or do more than was said, cited, or done in Parker . Accordingly, I concur in the result reached by the majority.