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COLBY v. CARNEY HOSPITAL

356 Mass. 527 (1969)

254 N.E.2d 407

EDWIN A. COLBY, administrator, vs. CARNEY HOSPITAL.

Supreme Judicial Court of Massachusetts, Suffolk.

December 23, 1969.

Attorney(s) appearing for the Case

Joseph J. Hurley (Edwin A. Colby with him) for the plaintiff.

Philander S. Ratzkoff for the defendant.

Present: WILKINS, C.J., SPALDING, CUTTER, SPIEGEL, & QUIRICO, JJ.

WILKINS, C.J.

The plaintiff administrator brings this action of tort and contract for the death and conscious suffering of his intestate. The defendant hospital set up, among other things, the defence of charitable immunity. The plaintiff demurred to this part of the answer, stating that it "does not set forth a valid or legal defense, in that said defense as alleged violates and abrogates certain rights, privileges and...

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