Durney v. St. Francis Hospital, Inc.

Richards. P. J.:

In order to pass upon the defendant’s motion for summary judgment, it is necessary to consider three questions which are raised by the pleadings in this case.

First, is the defendant, St. Francis Hospital, Incorporated, organized, conducted and maintained, as shown by the pleadings in this case, a charitable institution?

Second, is a corporation not organized for profit and with no capital stock, which conducts and maintains a hospital as a charitable institution, exempt from liability for the negligence of its agents or employees such as nurses, when such negligence results in…