TRAYNOR, J.
Plaintiff Louisa C. Muskopf was a paying patient in the Corning Memorial Hospital. She and her husband allege that because of the negligence of the hospital staff she fell and further injured the broken hip for which she was being treated. Defendant demurred on the ground that the Corning Hospital District is immune from liability for tort under the rule of Talley v. Northern San Diego County Hospital District,
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