Brebner v. Sidney Hill Health System, Inc.

Nelson Sharpe, O. J.

This case was tried by the court without a jury. In the opinion filed by him the facts (and they do not seem to be in dispute) are stated as follows:

“Plaintiff was a patron of the defendant’s health system, and on the 14th of June, 1933, found himself in one of the massaging booths in the defendant’s establishment, ready to be treated by a masseur. He was lying upon his back and had his hands partially raised, with the elbows flexed and with the palms extended in such a manner that his right hand, with the thumb turned toward his body, was near his face. While in this…