Rudy v. Hospital
| Decision Date | 07 December 1926 |
| Docket Number | 19458 |
| Citation | 155 N.E. 126,115 Ohio St. 539 |
| Parties | Rudy v. Lakeside Hospital. |
| Court | Ohio Supreme Court |
Negligence - Nonliability of public charitable hospital - Patient delivered property to employe who surrendered same to impostor.
In the trial court plaintiff in error sued on a claimed breach of contract. She alleged that the defendant was maintaining and operating a hospital in the city of Cleveland; that she was severely injured by being struck by a street car, and was taken to the hospital by a police officer in a taxicab, she having at the time valuable jewelry upon her person, that upon her arrival at the hospital, the defendant undertook by agreement to safely keep the jewelry and return it to her and that in violation of that contract the defendant failed and refused to return her property to her upon demand. No allegations of negligence are contained in her statement of claim.
In its defense to this claim the hospital answered, alleging that at all times it was a public and charitable organization not for profit, was without capital stock, never had or could declare dividends, was conducted and operated for the accommodation of sick and injured persons, and had always been conducted at a loss, the deficit being made up by charitable gifts and bequests. It also averred that its funds and income had always been and would continue to be derived from donations devises, gifts, and bequests received from benevolent persons, except such moneys as might be received from persons able to pay for their lodging, services treatment, and care at the hospital; that those not able to pay therefor were taken care of as a matter of public charity.
It also appears, from concessions made by counsel, that the jewelry was deposited with the defendant and afterwards delivered by an employe of the hospital, without the authority or consent of the plaintiff, to some person who represented himself to be plaintiff's son-in-law, but who was, in fact, an impostor and an entire stranger to her.
Under the facts so presented to the trial court the defendant's motion for judgment on the pleadings and statement of counsel was sustained. That judgment was affirmed by the Court of Appeals, whereupon error was prosecuted to this court.
Messrs. Howell, Roberts & Duncan, for plaintiff in error.
Messrs. Dustin, McKeehan, Merrick, Arter & Stewart and Mr. C. M. Horn, for defendant in error.
In her...
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