PHILIPP v. SHAW


280 A.D. 999 (1952)

Caroline Philipp, as Administratrix of The Estate of Charles Philipp, Deceased, Respondent, v. Wallace M. Shaw et al., Defendants, and Prospect Heights Hospital, Appellant

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

November 24, 1952.


The verdict, implying that the explosion was caused by appellant's negligence, is against the weight of the evidence. Furthermore, it was prejudicial error to permit Dr. Shaw to be cross-examined with reference to statements contained in an article written by Dr. Green, to the effect that none of the sixty-three static fires referred to therein occurred under a setup which was regarded as offering maximum protection, and that in none of such cases was there present even such...

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