GRACE v. MANHATTAN EYE, EAR & THROAT HOSP.


276 A.D. 955 (1950)

Hannah Grace, Appellant, v. Manhattan Eye, Ear and Throat Hospital, Respondent

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

February 21, 1950.


Judgment affirmed, with costs.

VAN VOORHIS, J. (dissenting).

I vote to reverse the judgment appealed from and to grant a new trial upon the ground that there was ample evidence that for a long while defendant knew or should have known that plaintiff was throwing herself around in bed in a stupefied condition, and that she was liable to fall out of bed upon the floor and be injured. Making observations of that nature, and using ordinary common...

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