KRAUTH v. RICHMOND MEM'L HOSP.


18 A.D.2d 908 (1963)

Felix Krauth, Appellant, v. Richmond Memorial Hospital, Respondent

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

February 26, 1963


Judgment affirmed, with costs to respondent.

Rabin and Stevens, JJ., dissent in dissenting memorandum by Rabin, J.:

I dissent and vote to reverse the dismissal of the complaint and to reinstate the verdict of the jury in plaintiff's favor. I agree with the trial court insofar as it concluded that whether the failure of the defendant hospital to take X rays under the circumstances constituted negligence was for the...

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