Ward v. Saint Vincent's Hospital
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Helen D. Ward, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 31st day of March, 1898, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 17th day of March, 1898, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Barrett, J.:
The appellant contends that this action is brought to recover damages because of the breach of an express contract whereby the defendant agreed to furnish her a skilled, competent and trained nurse. We see no reason to doubt the accuracy of this contention. Such an express contract is averred in the complaint, also its breach and damages resulting therefrom. The learned trial judge held that the action was exclusively in tort and that the contract alleged was material only in the sense in which the payment of fare is *625material in an action for personal injuries by a passenger…
2Cases cited1 opinion
- Bank of Orange v. BrownNew York Supreme Court · 1829
3Cited by30 opinions
- Maki v. Murray HospitalMontana Supreme Court · 1932
- Powers v. Massachusetts Homœopathic HospitalCourt of Appeals for the First Circuit · 1901
- Tucker v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1915
- Kellogg v. Church Charity FoundationAppellate Division of the Supreme Court of the State of New York · 1908
- Valentin v. La Societe FrancaiseCalifornia Court of Appeal · 1946
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