Judgment reversed, on the law, and a new trial granted, with costs to abide the event.
The questions of fact have not been considered. Plaintiff Ellen Butler sustained a fractured hip as a result of stepping into a street hole on April 17, 1963. She was admitted to defendant's hospital on that day and underwent surgery there for the hip injury. On May 14, 1963, while she was convalescing in the hospital from the surgery and treatment for that injury, her physician...
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