Van Tassell v. Manhattan Eye & Ear Hospital
New York Supreme Court
Appeal from circuit court, Westchester county.' Action by Bruce Van Tassell against the Manhattan Eye & Ear Hospital to recover damages for the alleged negligent treatment of plaintiff while a patient in defendant hospital, whereby plaintiff lost the sight of one of his eyes. Prom a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBarnard, P. J.
The defendant is a charitable corporation incorporated by the legislature under chapter 584, Laws 1869, for the purpose of treating indigent persons suffering from diseases of the eye and ear. The proof shows that the corporation exercised due care in the selection of its physicians. The proof also shows that the operation was one to open the duct which leads from the eye to the nostril, and that it was skillfully done. The only neglect proven consisted in a direction to keep on a bandage over the eye all night after the operation, and in the morning to go to work as usual. The bandage hurt…
2Cases cited3 opinions
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- Fire Insurance Patrol v. BoydSupreme Court of Pennsylvania · 1888
- Harris v. Woman's HospitaNew York Court of Common Pleas · 1891
3Cited by18 opinions
- Union Pac. Ry. Co. v. ArtistCourt of Appeals for the Eighth Circuit · 1894
- Bruce v. Central Methodist Episcopal ChurchMichigan Supreme Court · 1907
- Hordern v. . Salvation ArmyNew York Court of Appeals · 1910
- Farrigan v. PevearMassachusetts Supreme Judicial Court · 1906
- Basabo v. the Salvation Army, Inc.Supreme Court of Rhode Island · 1912
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