Talbot v. Waterbury Hospital Corporation

Plaintiff sues for damages for personal injuries and consequent losses suffered when he fell three stories to the ground after passing through the window of a room of the defendant hospital in which he was a patient. The answer of the defendant includes a special defense alleging that plaintiff was a patient in the defendant hospital and setting up charitable immunity as a defense. Plaintiff has demurred to this defense.

One ground of the demurrer is that the special defense lacks an averment that “plaintiff was . . . ever a recipient of charity from the defendant.” This fact is within the…