Green v. Hospital Building Auth. of City of Bessemer

(dissenting) :

I respectfully dissent. The opinion of my brother Almon is capsulated in the sentence therein:

“ * * * While some of the language in our decisions on the subject of contracts implied in law is not always uniform, the result of those decisions is to the effect that the law will not imply a promise on the part of a hospital' to use due care. * * *”

In support, principle reliance is placed on Garig v. East End Memorial Hospital, 279 Ala. 118, 182 So.2d 852 (1966) and authorities discussed therein. The error of such reliance is found in the very next sentence following the above quote: