Legal Opinion

Colby v. Carney Hospital

Massachusetts Supreme Judicial Court

Decided December 23, 1969PublishedCited by 37 opinions

1Opinion of the CourtWilkins, C.J.

The plaintiff administrator brings this action of toft and contract fof . the death and conscious suffering of his intestate. The defendánt hospital set up, among other things, the defence of charitable immunity. The plaintiff demurred to this part of the answer, stating that it “does not set forth a valid or legal defense, in that said defense as alleged violates and abrogates certain rights, privileges and immunities granted to, and preserved for the citizens of the Commonwealth ” under arts. 1, 10, 11, 12, 20, and 30 of our Declaration of Rights and also under the Fifth and Fourteenth…

2Cases cited5 opinions

  1. McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
  2. Roosen v. Peter Bent Brigham HospitalMassachusetts Supreme Judicial Court · 1920
  3. Barrett v. Brooks Hospital, Inc.Massachusetts Supreme Judicial Court · 1959
  4. Boxer v. Boston Symphony Orchestra, Inc.Massachusetts Supreme Judicial Court · 1961
  5. Simpson v. Truesdale Hospital, Inc.Massachusetts Supreme Judicial Court · 1958

3Cited by37 opinions

  1. O'CONNELL v. StateSupreme Court of New Jersey · 2002
  2. Diaz v. Eli Lilly & Co.Massachusetts Supreme Judicial Court · 1973
  3. Young v. GarwackiMassachusetts Supreme Judicial Court · 1980
  4. Schofield v. MerrillMassachusetts Supreme Judicial Court · 1982
  5. Keene v. Brigham & Women's Hospital, Inc.Massachusetts Supreme Judicial Court · 2003

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