SANTOS v. UNITY HOSP.


276 A.D. 867 (1949)

Marianne J. Santos, as Administratrix D. B. N. of The Estate of Ethel V. Flanagan, Deceased, Respondent, v. Unity Hospital, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 19, 1949.


Judgment for plaintiff reversed on the law and a new trial directed, with costs to abide the event.

On the proof in this record, liability may not be predicated on the failure to have bars on the window of the labor room. There is no proof of a custom to have such equipment. As this was one of the grounds of liability submitted by the court in its charge, it cannot be determined whether this specification, or the other specification...

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