DE GRAW v. CORNING HOSP.


277 A.D. 942 (1950)

Harold De Graw, Appellant, v. Corning Hospital, Respondent, et al., Defendants

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

July 13, 1950.


Judgment and order affirmed, with costs.

All concur, except McCurn and Love, JJ., who dissent and vote for reversal and reinstatement of the verdict in the following memorandum:

At the time of the accident, the infant plaintiff had not yet been delivered into the custody of the professional personnel who were to participate in the operation. It was reasonably to be anticipated that a five-year-old child left upon a narrow table unattended and without straps...

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