Johnsen v. Staten Island Hospital, Inc. — 265 N.Y. 658

Majority

p. 658

Marie Johnsen, Appellant, v. Staten Island Hospital, Inc., Respondent.

(Argued October 24, 1934;

decided November 20, 1934.)

p. 659

Elias Bernstein, Thomas Schleier and Seymour Kempner for appellant.

Bertram G. Eadie, Thomas Nunley and John H. Scully for respondent.

Judgment of the Appellate Division and that of the Trial Term reversed, and new trial granted, with costs to abide the event. Held, that the evidence presented a question of fact which should have been submitted to the jury. No opinion.

Concur: Pound, Ch. J., O’Brien, Crouch and Loughran, JJ. Dissenting: Crane, Lehman and Hubbs, JJ.