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RIVERA v. MISERICORDIA HOSPITAL

15 Wis.2d 351 (1962)

RIVERA and wife, Appellants, v. MISERICORDIA HOSPITAL and another, Respondents.

Supreme Court of Wisconsin.

January 9, 1962.

Attorney(s) appearing for the Case

For the appellants there was a brief by A. M. Chudnow and S. Raymond Spitz, and oral argument by Mr. Chudnow and Mr. James L. Walt, all of Milwaukee.

For the respondents there was a brief by Paulsen, Wake & Prosser, attorneys, and Jack R. Wiedabach of counsel, all of Milwaukee, and oral argument by Mr. Wiedabach.

A brief amicus curiae was filed by John W. Reynolds, attorney general, N. S. Heffernan, deputy attorney general, and Warren H. Resh, assistant attorney general.

BROADFOOT, C. J.

The trial court took judicial notice of the incorporation records in the office of the secretary of state and of the copy of the articles of incorporation of the defendant hospital recorded in the office of the register of deeds for Milwaukee county, and concluded therefrom that the defendant hospital was a nonprofit corporation organized for charitable purposes.

Since the alleged negligence occurred prior to January 10, 1961, the date of...

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