Ayers v. Russell
New York Supreme Court
Appeal from special term, Albany county. Action by Alfred Ayers against Sehvyn A. Bussell, Daniel V. O’Leary, and Anthony Gould, the first two being physicians, and the latter the recorder of the city of Albany, for damages alleged to have been sustained by the wrongful confinement of plaintiff as a lunatic. From an order sustaining the demurrer of all the defendants to the complaint plaintiff appeals.
1Opinion of the CourtLandon, J.
The statute respecting the care and custody of the insane •(chapter 446, Laws 1874) does not deprive the alleged lunatic of the right of trial by jury. It does, however, provide for his summary and temporary confinement “ upon the certificate of two physicians under oath, setting forth the insanity of such person.” But this confinement is “for the care and treatment” of the insane party. This confinement must not exceed “five days, unless within that time such certificate be approved by a judge,” etc. Obviously, these are humane provisions intended to secure proper care and treatment for the…
2Cases cited1 opinion
- Lange v. . BenedictNew York Court of Appeals · 1878
3Cited by13 opinions
- Broom v. DouglassSupreme Court of Alabama · 1912
- Bailey v. McGillSupreme Court of North Carolina · 1957
- Woodruff v. ShoresSupreme Court of Missouri · 1945
- Miller v. WestCourt of Appeals of Maryland · 1933
- Tanner v. McMurrayCourt of Appeals for the Tenth Circuit · 2021
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