Rudy v. Lakeside Hospital

By the Court.

In her statement of claim the plaintiff relied upon an implied contract by way of bailment as a predicate for recovery. It contained no specific allegations of negligence, and it is contended that she had the right to sue either in tort for a negligent delivery, or for a breach of the bailment contract.

If this were a case of contract purely, one not involving wrongful conduct on the part of the institution’s employe, liability might attach. But this case presents a different aspect and is based upon an unauthorized and negligent delivery to an impostor.

There is a wide divergence…