Lubin v. Sydenham Hospital, Inc.

The complaint alleges that the plaintiff was a patient at the defendant’s hospital, where she was operated upon and there was removed from her the dead body of a calcified child. In the first cause of action, not involved on this appeal, the plaintiff seeks damages caused by the defendant’s interference with the plaintiff’s right to receive and bury the body of her child.

The second cause of action alleges that on several occasions the plaintiff demanded the body for the purpose of burial, but that jhe defendant refused to deliver it to her. The plaintiff accordingly demands possession of the…