Higgins v. Emerson Hospital

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 plaintiffs 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).

The plaintiff brought an action in tort and contract for injuries allegedly sustained by him on June 17, 1970, while he was an inpatient at the defendant hospital. The case was tried on June 20, 1974, before…