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HIGGINS v. EMERSON HOSPITAL

367 Mass. 714 (1975)

328 N.E.2d 488

JOHN HIGGINS vs. EMERSON HOSPITAL.

Supreme Judicial Court of Massachusetts, Middlesex.

May 9, 1975.

Attorney(s) appearing for the Case

George P. Luker for the plaintiff.

Lionel H. Perlo for the defendant.

Present: TAURO, C.J., QUIRICO, BRAUCHER, HENNESSEY, & KAPLAN, JJ.

HENNESSEY, J.

This appeal brings before us the issue whether, by reason of the language in Colby v. Carney Hosp. 356 Mass. 527, 528 (1969), we should hold that the defense of charitable immunity is not available to the defendant hospital. The plaintiff's appeal was entered in the Appeals Court and was transferred to this court for direct appellate review on our order pursuant to G.L.c. 211A, § 10 (A).

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