Hyperlawhypertext legal database Cox v. St. Luke's Home for Aged Women 158 N.Y.S. 1112

← Cases

Cox v. St. Luke's Home for Aged Women

158 N.Y.S. 1112 Court N.Y. App. Div. Decision date 1916-05-05 English

Contents

Majority

p. 1112
Mary COX, Respt., v. ST. LUKE'S HOME FOR AGED WOMEN, Applt.
(Supreme Court, Appellate Division, First Department.
May 5, 1916.)

Headnote

Appeal from Trial Term, New York County. Action by Mary Cox against St. Luke’s Home for Aged Women. From judgment for plaintiff and order denying new trial, defendant appeals. Reversed, and complaint dismissed.

We are of the opinion that the evidence failed to establish defendant’s negligence, and for that reason the defendant’s motion to dismiss the complaint, at the close of plaintiff’s case, and renewed at the close of the whole case, should have been granted. The judgment and order appealed from are therefore reversed with costs, and the complaint dismissed with costs. Order filed.