Pelky v. Kivlin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles F. Kivlin, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 9th day of March, 1921, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 21st day of March, 1921, denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes,
1Per curiam
The plaintiff was seven weeks in the hospital under the defendant’s care for a broken leg. The defendant claims that at the expiration of that time there was no union of the bones. There is evidence that it is “ an exception to have a case go seven weeks without knitting.” The defendant has offered no explanation of this unusual result. On the other hand, the plaintiff testified that the defendant told him from time to time that the bones were knitting and that the leg was progressing satisfactorily. It appears from the evidence of the plaintiff and his wife and one of the hospital nurses…
2Cited by3 opinions
- Hodgson v. BigelowSupreme Court of Pennsylvania · 1939
- Lanier v. TrammellSupreme Court of Arkansas · 1944
- Dictz v. AronsonAppellate Division of the Supreme Court of the State of New York · 1935