Maryland Casualty Co. v. Fidelity & Casualty Co.

Action to recover money paid out by plaintiff at the instance and request of defendant.

The material facts disclose the following situation: Plaintiff was the insurance carrier of a certain company under a workmen’s compensation policy. While this indemnity policy was in full force and effect one of the company’s laborers suffered an injury, arising wholly by accidental means and in the course of his employment, by which he was ruptured, and he was thereupon conveyed at plaintiff’s expense to a hospital for the purpose of having his injuries treated. During that process an employee of the hospital, in the performance of his duties, delivered to a surgeon attending the injured man a certain chemical preparation to be hypodermically injected into the patient’s body. Through the negligence or carelessness of this attendant a different substance was substituted for this preparation, the injection of which caused pain and suffering to the-patient and aggravated his injury, resulting in delay in his eventual recovery and an additional expense of one thousand dollars, the amount here sued for. The hospital carried an indemnity policy of insurance against liability for negligence of its…