WRIGHT v. ST. MARY'S HOSPITAL OF FRANCISCAN SISTERS


265 Wis. 502 (1953)

WRIGHT and another, Respondents, vs. ST. MARY'S HOSPITAL OF FRANCISCAN SISTERS, Appellant.

Supreme Court of Wisconsin.

December 30, 1953.


Attorney(s) appearing for the Case

For the appellant there was a brief by La France, Thompson & Zahn, attorneys, and Alfred E. La France and William E. Dye of counsel, all of Racine, and oral argument by Alfred E. La France.

For the respondents there was a brief and oral argument by Henry Dorman of Racine.


BROADFOOT, J.

Although it is not pleaded in the complaint, it is admitted that the defendant is a charitable organization. It was because of that fact that the demurrer on the ground that the complaint does not state facts sufficient to constitute a cause of action was filed. Although the demurrer was to the whole complaint, the defendant centers its attack upon one paragraph thereof which reads as follows:

"Fifteenth: That said window and window screen is...

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