Halligan v. Underwriters at Lloyd's, London

Townsend, Presiding Judge.

The deceased was a man 69 years of age weighing about 200 pounds and with an aggravated heart condition of long standing who had been hospitalized while receiving treatment for heart and respiratory ailments, *906to which treatment he was responding normally. On the night in question he was alone in the hospital room on a bed 34 to 36 inches high protected on each side by guard rails rising 14 to 18 inches above the mattress. He was checked every hour and found to be sleeping normally until about 4:30 a.m., a half hour after the last observation, at which time a nurse…