Legal Opinion

Gould v. State

New York Court of Claims

Decided February 3, 1944No. Claim No. 26271PublishedCited by 9 opinions

1Opinion of the CourtFitzsimmons, J.

Alleging negligence against the State, through its officers and employees, attaches of Rockland State Hospital, claimants seek substantial damages, (a) for the wrongful death of Leo Gould, deceased, which occurred one-half hour after he had been forcefully struck upon his face and head with a shoe wielded by a fellow inmate, while both were among twenty-eight inmates of a known assaultive nature, confined in a fifty-foot by thirty-five-foot *1 day room ’ ’ under the care of a single attendant; (b) for an unlawfully performed autopsy upon the body of the deceased; and (e) for failure to replace,…

2Cases cited8 opinions

  1. Larson v. ChaseSupreme Court of Minnesota · 1891
  2. Darcy v. . Presbyterian HospitalNew York Court of Appeals · 1911
  3. People v. . CoombsNew York Court of Appeals · 1899
  4. Liubowsky v. StateNew York Court of Appeals · 1941
  5. Liubowsky v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 1940

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3Cited by9 opinions

  1. Mochen v. StateAppellate Division of the Supreme Court of the State of New York · 1974
  2. Warner v. Kiowa County Hospital AuthorityCourt of Civil Appeals of Oklahoma · 1976
  3. Dowly v. StateNew York Court of Claims · 1947
  4. Foster v. StateNew York Court of Claims · 1961
  5. Leib v. PaparoAppellate Division of the Supreme Court of the State of New York · 1981

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