Legal Opinion

Duncan v. St. Luke's Hospital

Appellate Division of the Supreme Court of the State of New York

Decided May 11, 1906PublishedCited by 12 opinions

Appeal by the plaintiff, Daniel B. Duncan, from a judgment of. the Supreme Court in- favor of .the defendant, entered in the office of the clerk of the county of New York on the 28th day of October, 1905,, upon the dismissal of the complaint herein. •

1Opinion of the Court

Clarke, J,:

After the jury were impaneled. - ancl before 'any evidence was ' offered, the" defendant moved to dismiss the complaint upon the ground that it. did not state facts sufficient to constitute a cause of action, and, the motion being granted and judgment thereon entered, the plaintiff appeals.

The complaint alleges that the defendant is a domestic corporation organized under the laws of the'State of Hew York, and. is engaged in operating and conducting a hospital; that one Gertrude Duncan was the wife of the plaintiff; that she became, ill and was on or about May 1, 1902, removed to…

2Cases cited6 opinions

  1. Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
  2. Hegerich v. . KeddieNew York Court of Appeals · 1885
  3. Green v. Hudson River Rail RoadNew York Supreme Court · 1858
  4. Green v. Hudson River RailroadNew York Court of Appeals · 1866
  5. Crowley v. Panama Rail RoadNew York Supreme Court · 1859

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
  2. Tucker v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1915
  3. Duncan v. Nebraska Sanitarium & Benevolent Ass'nNebraska Supreme Court · 1912
  4. Zostautas v. St. Anthony De Padua HospitalIllinois Supreme Court · 1961
  5. Greatrex v. Evangelical Deaconess HospitalMichigan Supreme Court · 1933

7 more not listed; retrieve them via the Exa API.

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