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 *489the 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 P2d 1009 (September 5, 1963), discarded the rule of charitable immunity, this case must be and is reversed.

Specially concurring.

I dissented from the majority opinion in Hungerford v. Portland Sanitarium, 235 Or 412, 384 P2d 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.