Capasso v. Square Sanitarium, Inc.

The agreed statement of facts gives rise to conflicting inferences with respect to some aspects of the case, thus making it inadvisable to grant judgment to either party on the statement as submitted. The parties agree that "The vaporizer required no supervision during operation”. Different inferences may be drawn from that statement; i.e., that it required no supervision with respect to the mechanics of its operation or that it required no supervision during its operation with respect to its proximity to the patient. We may not draw either inference. Likewise there is no indication as to the…