NEGLIGENCE-CHARITIES-IMMUNITY FROM TORT LIABILITY

When leaving a church service, plaintiff fell on ice that had formed as a result of poor drainage facilities on the public sidewalk outside defendant's church building. An action was brought based on negligence and the maintenance of a public nuisance. Defendant's answer claimed a right as a privately conducted charity to immunity from tort liability. Plaintiff demurred, the demurrer was overruled, and the case was transferred to the Supreme Court for a decision on that issue.

Held, decree overruling the demurrer reversed. Charitable institutions are not entitled to immunity from tort liability. Foster v. Roman Catholic Diocese of Vermont, (Vt.1950) 70 A. (2d) 230.