HEMENWAY v. PRESBYTERIAN HOSPITAL ASS'N OF COLO.

No. 21875.

419 P.2d 312 (1966)

Robert E. HEMENWAY, Plaintiff in Error, v. The PRESBYTERIAN HOSPITAL ASSOCIATION OF COLORADO, a Colorado corporation, Defendant in Error.

Supreme Court of Colorado, En Banc.

October 24, 1966.


Attorney(s) appearing for the Case

Clarence A. Decker, Denver, for plaintiff in error.

Saunders, Snyder & Ross, M. E. MacDougall, Denver, for defendant in error.


MOORE, Justice.

Robert E. Hemenway, hereinafter referred to as the plaintiff, commenced this action against The Presbyterian Hospital Association seeking to recover damages allegedly sustained by him due to the negligence of the hospital. After the filing of an answer in which the allegations of negligence on the part of the hospital were denied, the parties entered into a stipulation which, in pertinent part, was as follows:

"2. An additional defense, inherent...

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