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HUNGERFORD v. PORTLAND SANITARIUM & BENEVOLENT ASS'N.

235 Or. 412 (1963)

384 P.2d 1009

HUNGERFORD v. PORTLAND SANITARIUM & BENEVOLENT ASSOCIATION

Supreme Court of Oregon.

Reversed and remanded September 5, 1963.

Petition for rehearing denied October 8, 1963.

Attorney(s) appearing for the Case

Byron Glade Birch, Portland, argued the cause for appellant. With him on the briefs were Duncan & O'Brien, Virgil Colombo and Frances M. Dudleston, Portland.

William F. Thomas, Portland, argued the cause for respondents. With him on the brief were Hollister & Thomas and Raymond J. Conboy, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.

REVERSED AND REMANDED.

GOODWIN, J.

This is a charitable-immunity case. The only issue is whether the court should now overrule its earlier decisions which conferred upon charitable enterprises immunity from liability for the torts of their servants.

The facts are not remarkable. The plaintiff brought an action for damages for injuries caused by the negligence of a nurse's aide employed by the hospital. We will assume that, for the purposes of this...

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