Legal Opinion

Hirsh v. State of New York

New York Court of Appeals

Decided June 10, 1960No. Claim No. 32311PublishedCited by 30 opinions

1Opinion of the CourtVan Voorhis, J.

The State appeals from an affirmance of a judgment against it in the Court of Claims based on alleged negligence in failing to prevent plaintiff’s intestate from committing suicide while he was a patient at the Brooklyn State Hospital. He had a previous history of mental illness at other hospitals where he had made two suicidal attempts, one with phenobarbitol and the other by hanging. This time he succeeded in accomplishing his aim. He was pronounced dead on September 4, 1953 of barbiturate poisoning. Death was caused by swallowing about a dozen capsules of seconal at night.

Nobody knew where…

2Cases cited3 opinions

  1. Martindale v. StateNew York Court of Appeals · 1935
  2. Morris v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1896
  3. Gries v. Long Island Home Ltd.Appellate Division of the Supreme Court of the State of New York · 1948

3Cited by30 opinions

  1. Schrempf v. StateNew York Court of Appeals · 1985
  2. Gordon v. City of New YorkNew York Court of Appeals · 1987
  3. Wilson v. SponableAppellate Division of the Supreme Court of the State of New York · 1981
  4. Killeen v. StateNew York Court of Appeals · 1985
  5. Horton v. Niagara Falls Memorial CenterAppellate Division of the Supreme Court of the State of New York · 1976

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