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PURCELL v. POOR SISTERS OF ST. FRANCIS SERAPH

No. 19757.

364 P.2d 184 (1961)

Frances Irene PURCELL, Plaintiff in Error, v. POOR SISTERS OF ST. FRANCIS SERAPH, Defendant in Error.

Supreme Court of Colorado. En Banc.

August 21, 1961.

Attorney(s) appearing for the Case

John F. Gallagher, Brian J. Mullett, Colorado Springs, for plaintiff in error.

Murray, Baker & Wendelken, Gerald W. Bennett, Colorado Springs, for defendant in error.

FRANTZ, Justice.

May a hospital rely upon C.R.S. '53, 87-1-6, to thwart a claim against it for damages for an injury alleged to have been caused by its negligence in caring for a patient? An affirmative answer to this question would vindicate the judgment of the trial court in this case. A negative answer would require a reversal.

The Poor Sisters of St. Francis Seraph own and operate a hospital in Colorado Springs, Colorado. Suit was brought against the religious...

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