Cunningham v. Sheltering Arms
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elizabeth Cunningham, as administratrix,' etc., from an order of the Supreme Court, made at the Hew York Trial.Term'and entered in the office of the clerk'of the county of Hew York on the 12fch day of January, 1909, setting aside, the verdict of a jury in favor of the plaintiff, .for $2,000. and granting a new trial. .
1Opinion of the Court
Scott, J. :
The plaintiff appeals from an order setting aside a verdict in her favor and ordering a new trial.
The action is the usual statutory one for the death of plaintiff’s intestate alleged to have resulted from the negligence of one of the defendant’s servants. .
The defendant is a charitable institution organized and maintained for the care of children. The deceased was the infant son of plaintiff, by whom he had been placed in defendant’s care. His death resulted from a fall from a window during the temporary, absence from the room of a matron or attendant. Upon the evidence it is more…
2Cases cited2 opinions
- Ward v. Saint Vincent's HospitalAppellate Division of the Supreme Court of the State of New York · 1899
- Noble v. Hahnemann HospitalAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by7 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Weston's Administratrix v. Hospital of St. VincentSupreme Court of Virginia · 1921
- Nicholas v. Evangelical Deaconess Home & HospitalSupreme Court of Missouri · 1920
- Roche v. St. John's Riverside HospitalNew York Supreme Court · 1916
- Jurjevich v. Hotel DieuLouisiana Court of Appeal · 1943
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