after stating the facts: The defendants were public officers and were acting as such at the time that the said *385Lonnie Rader was discharged by them from further confinement in the said State Hospital. The statute (Revisal, sec. 4596) provides: “Any three of the board of directors of any hospital . . . shall be a board to discharge or remove from' their hospital any person admitted as insane, when such person has become or is found to be of sane mind, or when such person is incurable and, in the opinion of the superintendent, his being at large will not be injurious to himself or dangerous to the community; or said board may permit such person to go to the county of his settlement, on probation, when, in the opinion of the said superintendent, it will not be injurious to himself or dangerous to the community, and said board may discharge or remove such person upon other sufficient cause appearing to them.”
The defendants discharged Lonnie Rader under and pursuant to the said statute, and this discharge of Lonnie Rader is complained of as a negligent act on their part.
We need not discuss the other grounds of demurrer, which were ably and interestingly argued before us by counsel for both sides, for the first ground of the demurrer is conclusive. The statute under which tlm hospital was created, organized and now exists provides that “No director or superintendent of any State hospital shall be personally liable for any act or thing done under or in pursuance of any of the provisions of this chapter.” Revisal, sec. 4560. The discharge was made under, and by virtue of the authority conferred by the above section (4596) of the Revisal.
But we will add that it does not seem to us that the discharge of Rader, on 5 March, even if negligently made, was the proximate cause of the death of the young girl, which occurred 13 September following. The allegation is in the nature of "Post hoc, ergo propter hoc.”
The defendants could not, by the exercise of ordinary care and caution, have anticipated, foreseen or expected that the death of the plaintiff’s intestate would follow as the natural result of their act in discharging Rader from the hospital.
Their erroneous or mistaken opinion or judgment — that Lonnie Rader was sane, or insane — that his being at large would not be injurious to him or 'dangerous to the community, or that there were other sufficient reasons why he-should be discharged- — • and their act in discharging him, did not cause her death. It may be that if they had kept- Rader confined in the State Hospital he might not have killed her; but it is equally true that if *386be bad never been born or bad never become insane be would not bave killed ber. Tbe discharge of Rader, bis absence from tbe hospital, bis presence in Catawba County, and bis presence at church on tbe day of tbe homicide, was a mere condition which accompanied, but did not cause, tbe injury. Like tbe presence of the freight in tbe depot at Lincolnton when the depot was accidentally destroyed by fire (Extinguisher Co. v. Railroad, 137 N. C., 278), or the lumber on tbe right of way of the railroad at Elk Park when the hotel was destroyed by fire (Bowers v. Railroad, 144 N. C., 684), the absence of Lonnie Rader from the hospital was a mere condition which 'accompanied, but did not cause, tbe injury.
Counsel pertinently ask, is the absence of the policeman from his beat and this dereliction of duty on his part tbe cause of tbe burglary which happens in bis absence and which bis presence would bave prevented ? Is tbe act of the Governor, who pardons a criminal, tbe cause of tbe homicide which such criminal subsequently commits? Is tbe conduct of tbe judge or justice in declining to remove a prisoner tt> another jail for safe-keeping tbe cause of the death of tbe prisoner in tbe event be is banged by a mob ?
The judgment sustaining tbe demurrer is
Affirmed.