CAPASSO v. SQUARE SANITARIUM, INC.


285 A.D. 1131 (1955)

Joseph B. Capasso, as Guardian ad Litem of Joanne Capasso, an Infant, et al., Plaintiffs, v. Square Sanitarium, Inc., Defendant

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

May 17, 1955.


Per Curiam.

The agreed statement of facts gives rise to conflicting inferences with respect to some aspects of the case, thus making it inadvisable to grant judgment to either party on the statement as submitted. The parties agree that "The vaporizer required no supervision during operation". Different inferences may be drawn from that statement; i.e., that it required no supervision with respect to the mechanics of its operation or that it required no supervision...

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