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JOHNSON v. WESSON WOMEN'S HOSPITAL

367 Mass. 717 (1975)

328 N.E.2d 490

JEROME JOHNSON, administrator, vs. WESSON WOMEN'S HOSPITAL.

Supreme Judicial Court of Massachusetts, Hampden.

May 9, 1975.

Attorney(s) appearing for the Case

Timothy B. Shea for the plaintiff.

James P. Coyle for the defendant.

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

HENNESSEY, J.

This case raises the issue whether the carrying of a policy of liability insurance by the defendant hospital deprived it of the defense of charitable immunity. We hold that it did not, and that the sustaining by the Superior Court judge of the defendant's demurrer to the plaintiff's amended declaration was correct. The plaintiff's appeal was entered in the Appeals Court and was transferred to this Court for...

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