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Crayton v. Larabbe

147 N.Y.S. 1105 Court N.Y. App. Div. Decision date 1914-04-04 English

Decision Majority — PER CURIAM. · Dissent — MERRELL, J.,

Contents
p. 1105
CRAYTON, Respondent, v. LARABBE et al., Appellants.
(Supreme Court, Appellate Division, Fourth Department.
April 4, 1914.)

Headnote

Acttion by Mary A. Crayton against George F. Larabee and others.

Judgment and order affirmed, with costs. Held: (1) That the defendant’s motion for a nonsuit and dismissal of the complaint was properly denied. (2) That the question of the power of the health officer to quarantine the plaintiff, if he acted in good faith and had reasonable cause to believe that the plaintiff was infected and liable to communicate disease to others, was not raised at the trial by any exception to the charge or otherwise.

dissents, upon the ground that, while the question referred to was not properly raised, this court has the power to, and should, pass upon that question.