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Negligence -Affirmative Duty To Aid Others, Donald H. Larmee

Michigan Law Review

The plaintiff alleged that his intestate was taken ill while in the defendant's store. The defendant placed her in an infirmary and there left her for six hours without further medical care. By reason of the lack of medical care the plaintiff's intestate died. On appeal from the lower court's denial of the defendant's motion to dismiss the complaint, held that the complaint stated a cause of action. The court assumed that the defendant owed no duty to the intestate to render her any assistance whatsoever, but that upon placing her in the infirmary the defendant assumed the undertaking to …