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action acts Adele Jr American anyhow attendants baby burned cause Chapter charitable hospitals charitable institution charity patient citizens City claim Cleveland course Court of Appeals Cumberland Hospital damages decision defendant hospital Detroit doctors doctors and nurses doctors or nurses doctrine employees Erwin fact Florence Nightingale ghost surgery held hospital corporation hospital doctors hospital immunity hospital-patient relation hospital's hot water bottles hour human immunity from liability independent contractor injury insurance company intern John Doe judges judgment judicial jury Justice knew Lakeside Hospital lawyer legislature malpractice McIntosh ment Michigan morning negligence never operation opinion orderly paid paying patient physician pital plaintiff protection reason respondeat superior result Rudy Schloendorf servants suffering Supreme Court surgical Sutherland tell theory tion told torts treatment trial trust fund verdict Waldon wholly Wiley Rutledge wrong York York City York Herald Tribune