CECIL B. SANNER AND MARY W. SANNER, APPELLANTS,
v.
THE TRUSTEES OF THE SHEPPARD AND ENOCH PRATT HOSPITAL, APPELLEE
CECIL B. SANNER AND MARY W. SANNER, APPELLANTS,
THE TRUSTEES OF THE SHEPPARD AND ENOCH PRATT HOSPITAL, APPELLEE
398 F.2d 226
United States Court of Appeals for the Fourth Circuit (1968)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM:
Except for an important statutory relaxation1 in 1966, Maryland judicially adheres to the so called doctrine of charitable immunity. Ordinarily such a matter is one of state law. Erie R. R. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). We have carefully considered plaintiff’s interesting contention that the state of Maryland may not constitutionally cling to this judge-made, and increasingly questioned, doctrine. We reject the contention and affirm the granting of summary judgment in favor of the charitable institution, D.C., 278 F.Supp. 138.
Affirmed.
. Maryland Code Annotated Art. 43 §, 556A (Supp.1966).
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Citator
Cited By
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Dixon v. W. Va. Univ. Bd. OF Governors, 427 F.2d 12 (4th Cir. 1970)
Authorities Cited
- Erie R.R. Co. v. Tompkins, 304 U.S. 64 (U.S. 1938)