Judgment entered October 3, 1969, in plaintiff's favor unanimously reversed on the law, the facts and in the exercise of discretion, and a new trial ordered, with $50 costs and disbursements to abide the event.
The plaintiff's private physician and surgeon testified that he had not ordered that bedrails or sideboards be placed on the plaintiff's bed since he did not consider them necessary. In the face of this testimony, the trial court, although acknowledging that...
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