DUNHAM v. VILL. OF CANISTEO


278 A.D. 743 (1951)

Helen M. Dunham, as Administratrix of The Estate of Charles L. Dunham, Deceased, Respondent, v. Village of Canisteo et al., Appellants

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

March 14, 1951.


Judgment and order reversed on the law and facts, without costs of this appeal to any party, and complaint dismissed, without costs.

Memorandum:

We think the plaintiff has failed to present evidence that the delay in providing medical attendance to the deceased was a competent producing cause of the pneumonitis which caused the death of the deceased. The physician who testified appeared to have a serious doubt in his mind as to whether the disease would not...

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