Majority
p. 502Liberina Iacono et al., Respondents, v. New York Polyclinic Medical School and Hospital, Appellant. Argued June 3, 1946; decided July 23, 1946.
p. 504
William B. Shelton, Vincent F. O’Rourke and John J. O’Connor for appellant.
David C. Broderick, Charles S. Vaccaro and Caesar B. F, Barra for respondents.
Judgment affirmed, with costs. From the evidence and under the instructions of the court the jury could have found that the plaintiff’s injury was caused by a defect in the hot water bag or neglect in failing to properly tighten the cap to prevent leaking.
Concur: Lottghban, Oh. J., Lewis, Conway, Desmond, Thacheb and Fttld, JJ. Taking no part: Dye, J.