McPARTLAND v. STATE OF NEW YORK


277 A.D. 103 (1950)

Blanche McPartland, as Administratrix of The Estate of Lawrence D. Sage, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 28932.) Blanche McPartland, as Administratrix of The Estate of Lawrence D. Sage, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 28938.)

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

June 27, 1950.


Attorney(s) appearing for the Case

Owen D. Connolly, attorney, for appellant.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, John R. Davison, Ronald E. Coleman, Assistant Attorneys-General, of counsel), for respondent.

FOSTER, P. J., HEFFERNAN, DEYO and COON, JJ., concur.


BERGAN, J.

The claimant's intestate was drowned on May 23, 1946, while an epileptic patient at the Hudson River State Hospital. By the judgments of the Court of Claims the claims have been dismissed, and the question brought up on this appeal is the responsibility of the State for the death of this patient of whom it had assumed custodial care.

The decedent, Lawrence Sage, was twenty-four years old and...

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