Woods v. Lancet

The complaint served on behalf of this infant plaintiff alleges that, while the infant was in his mother’s womb during the ninth month of her pregnancy, he sustained, through the negligence of defendant, such serious injuries that he came into this world permanently maimed and disabled. Defendant moved to dismiss the complaint as not stating a cause of action, thus taking the position that its allegations, though true, gave the infant no right to recover damages in the courts'of New York. The Special Term granted the motion and dismissed the suit, citing Drobner v. Peters (232 N. Y. 220). In…