Johnsen v. State

Claimant’s intestate, aged about eight and one-half years, congenitally unfortunate, being unable to care for himself mentally or physically, and in medical opinion incurable, was an inmate of Letchworth Village, a State institution at Thiells, N. Y.

On April 3, 1938, while under the care of an institution attendant, the child fell into a bathtub of hot water and was so severely scalded that he died from the effects thereof on April 7, 1938.

This claim demands damages, first, for the intestate’s personal suffering, and second, for his wrongful death and for his funeral expenses.

We find as a…