Cecil B. Sanner and Mary W. Sanner v. The Trustees of the Sheppard and Enoch Pratt Hospital

Fourth Circuit

Cecil B. Sanner and Mary W. Sanner v. The Trustees of the Sheppard and Enoch Pratt Hospital

398 F.2d 226

CourtCourt of Appeals for the Fourth Circuit

DecidedDecember 9, 1968

Docket12207

StatusPublished

Cited by11 cases

This text of 398 F.2d 226 (Cecil B. Sanner and Mary W. Sanner v. The Trustees of the Sheppard and Enoch Pratt Hospital) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cecil B. Sanner and Mary W. Sanner v. The Trustees of the Sheppard and Enoch Pratt Hospital, 398 F.2d 226 (4th Cir. 1968).

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Opinion

PER CURIAM:

Except for an important statutory relaxation 1 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.

1

. Maryland Code Annotated Art. 43 §, 556A (Supp.1966).

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PER CURIAM:

Except for an important statutory relaxation 1 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.

1

. Maryland Code Annotated Art. 43 §, 556A (Supp.1966).

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398 F.2d 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cecil-b-sanner-and-mary-w-sanner-v-the-trustees-of-the-sheppard-and-ca4-1968.

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