Judgment reversed, on the law and in the interests of justice, and new trial granted, with costs to appellant to abide the event.
This court has considered the questions of fact and has determined that it would not grant a new trial upon those questions. The trial court did not charge the jury as to the professional care owed by defendant's employee, a physician, to plaintiff's interstates. Instead, it erroneously defined this duty in terms of what a reasonably prudent...
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