#### MRS. RACHEL VIRGINIA WILLIAMS, by Her Next Friend, C. W. WILLIAMS, v. UNION COUNTY HOSPITAL ASSOCIATION, INC., d.b.a. ELLEN FITZGERALD HOSPITAL.

(Filed 25 March, 1953.)

Appeal by plaintiff from Nettles, J., at 18 February Term, 1952, of UNION.

Civil action to recover damages for personal injuries sustained by tbe plaintiff, a patient in tbe defendant’s hospital, when she fell from a bed and injured her bip, due to tbe alleged negligence of tbe defendant’s employees.

Tbe case was here at tbe Fall Term, 1951, on plaintiff’s appeal from judgment overruling her demurrer to tbe defendant’s further defense. Tbe decision affirming tbe judgment below is reported in 234 N.C. 536, 67 S.E. 2d 662.

Tbe plaintiff alleged and offered evidence tending to show that she was a paying patient.

It was stipulated by tbe parties that “tbe defendant is an eleemosynary institution . . .”

At tbe close of tbe plaintiff’s evidence, tbe defendant moved for judgment as of nonsuit. Tbe motion was allowed, and from judgment based on such ruling tbe plaintiff appealed, assigning errors.

Covington •& Lobdell for plaintiff, appellant.

J ones <& Small for defendant, appellee.

Johnson, J.

Tbe judgment of nonsuit will be upheld on authority of what is said in the opinion filed simultaneously herewith in Williams v. Randolph Hospital, Inc., ante, 387, which is precisely decisive of tbe question raised by tbe instant appeal.

Affirmed.

Paekeb, J., took no part in tbe consideration or decision of tbis case.

Eabnhill, J., dissents for tbe reasons stated in bis dissenting opinion in Williams v. Hospital, Inc., ante, 387.