Mezullo v. Maletz

The declaration in this action of tort contains three counts, to each of which the defendant de murred. 1 The demurrer was sustained as to all counts and the plaintiff appealed.

Before discussing the counts in detail it will be helpful to construe certain language which is common to all of them. In each count the plaintiff alleges that as a result of the conduct of the defendant, a physician, she was “committed” to a State hospital for the insane. The hospitalization of insane persons is governed by c. 123 of G. L. (Ter. Ed.), the title of which is “Commitment and Care of the Insane and Other…