PER CURIAM.
This is an action for damages for personal injuries allegedly sustained as a result of negligence of the defendant, Salem Memorial Hospital, while plaintiff was a patient in said hospital. The hospital pleaded the defense of charitable immunity, the court overruled a demurrer to that defense, and when plaintiff declined to plead further the court dismissed the action.
Since this court in Hungerford v. Portland Sanitarium Benev. Assn., 235 Or. 412, 384 P.2d 1009 (September 5, 1963), discarded the rule of charitable immunity, this case must be and is reversed.
ROSSMAN, J., Specially concurring.
I dissented from the majority opinion in Hungerford v. Portland Sanitarium, 235 Or. 412, 384 P.2d 1009 (September 5, 1963); but the holding in that case now undoubtedly represents the law of this state. Further dissent would be futile. Although I have full confidence in the reasons stated in my dissent, I nevertheless believe that it is now my duty to accept the law as held in Hungerford v. Portland Sanitarium, supra. I therefore concur.
PERRY, J., concurs.