Helton v. Sisters of Mercy of St. Joseph's Hospital

The Majority Opinion has clearly and succintly stated the three points decided in this case; and I agree with the Majority on the first two of these points, but I dissent as to the third point.

I. The first point decided by the Majority is that the Hospital here sued is a public charity under the uncontradicted evidence in this case; and I agree with the Majority on this point. This issue cannot be determined by merely showing the statute under which the Hospital was organized, nor by showing what we held concerning this same Hospital in an earlier case. The fact question is: was the Hospital…