Hamilton v. Presbyterian Hospital

Judgment entered in plaintiff’s favor unanimously reversed on the law and in the exercise of discretion and a new trial ordered, with $50 costs to abide the event. Inasmuch as the jury rendered a general verdict it cannot be determined whether the defendant hospital was cast in liability by reason of the conduct of the physician or the nurse, or by reason of the hospital’s failure to provide adequate lighting in the hospital room. In such posture we must assume that the verdict was bottomed on all three grounds and if a verdict based upon any one of these grounds cannot be sustained this…