Higgons v. Pratt Institute

(after stating the facts as above).

Wo shall assume, as do the parties, that whether an eleemosynary institution is liable m tort to recipients of its charity is a question of local law, as to which the federal courts will follow state decisions. See Paterlini v. Memorial Hospital Ass’n, 247 F. 639, 641 (C. C. A. 3); Henry W. Putnam Memorial Hospital v. Allen, 34 F.(2d) 927, 929 (C. C. A. 2). The injury to plaintiff occurred in Brooklyn, and, under the above assumption, is to be determined according to the law of the state of New York.

The most recent authoritative exposition of that law is to…