*336.* _Poor, Institutions, Negligence._—As hospitals, homes for the poor,
and other eleemosynary institutions are supported by money given to
charity, it would be a diversion of the trust funds if such institutions
could be compelled to pay damages for negligence causing personal injury
or death. The general rule is that the person causing the injury may be
liable, but not the institution.(600) However, a charitable institution
has been held liable for negligence of its manager to notify a nurse of
the contagious nature of a case assigned to her.(601)
*337.* _Surgeon, Gratuitous Services._—A charitable medical institution is
not liable for the negligence of its surgeon in operating upon a patient
gratuitously where such institution exercises due care in employing a
surgeon deemed competent. The fact that besides such gratuitous services,
medicine is taught therein for tuition fees and patients who are able to
pay are charged a small fee for room, board, nursing, etc., but no fee
from the patient to the doctor, does not change it from a charitable
institution.(602) However, a hospital that is an adjunct to a medical
school is liable.(603)
*338.* _Charitable Institution._—An institution that limits its
benefactions to the members of a particular denomination is, in the
absence of a statute to the contrary, a charitable institution.(604) This
rule has exceptions.(605)
*339.* _Charter, Real Estate._—The trustees of a religious, literary, or
other benevolent society, can not, irrespective of the powers granted by
its charter, purchase and hold real estate under trusts of their own
creation which will protect their property from creditors.(606)
*340.* _Mortmain, Title, Trust._—The statute of mortmain was never in
force in Pennsylvania, so a religious corporation can hold the legal title
to land in trust for the heir-at-law of a testator who has devised it to
the corporation in trust for uses that were void under the English
law.(607) The only States that have statutes of mortmain are Mississippi
and North Carolina. Yet in those States the statutes are somewhat
different from the law of England.
*341.* _Public Institutions, Support._—Benevolent and charitable
institutions under a church are not public institutions, and moneys can
not be appropriated for their support.(608)
*342.* _Nuns, Vows, Property._—When joining a society of nuns, one of the
vows taken was that all property should be held in common and whatever
property was received after taking the vows should belong to the society.
A person who left the order was not concluded from making claim for her
property.(609)