Legal Opinion
Weihs v. State
Appellate Division of the Supreme Court of the State of New York
Decided December 28, 1943No. Claim No. 25983PublishedCited by 33 opinions
1Opinion of the CourtHeffernan, J.
This claim arises out of an assault which occurred on July 27, 1940, when Edward Browning, an escaped inmate of Kings Park State Hospital, inflicted serious injuries on claimant.
There is no contradiction of claimant’s version of the unfortunate incident out of which this claim arises. The only question presented for determination is whether the circumstances attendant upon the patient’s escape constituted negligence on the part of the hospital authorities. It is not suggested that claimant was guilty of contributory negligence and the amount of the damages awarded is not an issue.
The Court of…
2Cases cited4 opinions
- Sporza v. . German Savings BankNew York Court of Appeals · 1908
- Martindale v. StateNew York Court of Appeals · 1935
- Curley v. StateNew York Court of Claims · 1933
- Luke v. StateAppellate Division of the Supreme Court of the State of New York · 1937
3Cited by33 opinions
- Schrempf v. StateNew York Court of Appeals · 1985
- Williams v. State of New YorkNew York Court of Appeals · 1955
- St. George v. StateAppellate Division of the Supreme Court of the State of New York · 1954
- Excelsior Ins. Co. of N.Y. v. State of New YorkNew York Court of Appeals · 1946
- Miller v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 1983
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