Mulberg v. State

Reynolds, J. P., Staley, Jr., Cooke and Sweeney, JJ., concur; Greenblott, J., dissents and votes to affirm in the following memorandum: I dissent and vote to affirm. In my opinion, the State was guilty of negligence in failing to perform its duty of supervision over the activities of the children under its care at the State hospital. It is the duty of the State, in the operation of its hospitals and institutions to protect its wards against “ hazards reasonably to be foreseen ” (Flaherty v. State of New York, 296 N. Y. 342, 346, supra), and to “take every reasonable precaution” (Castiglione…