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HIGGONS v. PRATT INSTITUTE

No. 69.

45 F.2d 698 (1930)

HIGGONS v. PRATT INSTITUTE.

Circuit Court of Appeals, Second Circuit.

December 8, 1930.

Attorney(s) appearing for the Case

Clarence E. Mellen, of New York City (Bernard J. Vincent, of New York City, of counsel), for appellant.

Wing & Wing, of New York City (James G. Purdy, of New York City, of counsel), for respondent.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge (after stating the facts as above).

We shall assume, as do the parties, that whether an eleemosynary institution is liable in tort to recipients of its charity is a question of local law, as to which the federal courts will follow state decisions. See Paterlini v. Memorial Hospital Ass'n, 247 F. 639, 641 (C. C. A. 3); Henry W. Putnam Memorial Hospital v. Allen, 34 F.2d 927, 929 (C. C. A. 2). The injury to plaintiff...

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