Knecht v. Saint Mary's Hospital

Opinion by

Mr. Chief Justice Jones,

The plaintiffs, husband and wife, sued the defendant hospital for damages for injuries allegedly suffered by the wife when she fell and fractured an ankle while a patient in the hospital. The details of the accident are not presently important. The hospital raised as its defense to the action its immunity, as an eleemosynary institution, from liability for tort. The trial court entered a nonsuit which it subsequently refused to take off and the plaintiffs have appealed from the resultant judgment.

The appellants’ sole argument is that this court should now…