Hansen v. Jones

Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum; Under the pleadings and the proof plaintiff fairly presented questions of fact for jury consideration both as to wrongful physical injury and damage, A prima facie case was made out whether the action be regarded generally as in trespass against the person or technically as a malpractice action, (Benson v. Dean, 232 N. Y. 52 , 58.) All concur. (The judgment dismissed the complaint in an action for personal injuries resulting from malpractice.) Present—'Sears, P. J,, Taylot, Edgcomb, Thompson and Lewis, JJ,