Stage v. Michigan Central Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Michigan Central Railroad Company, from an order of the Supreme Court, made at the Steuben Trial Term and entered in the office of the clerk of the county of Steuben on the 15th day of November, 1921, denying defendant’s motion for judgment on the pleadings.
1Per curiam
The defendant is not liable for the incompetency of the physicians, surgeons, nurses and attendants furnished by it to the plaintiff, unless it was negligent in selecting or furnishing the same. (Laubheim v. De K. N. S. Co., 107 N. Y. 228; Rosenberg v. N. Y. C. R. R. Co., 180 App. Div. 79; Leone v. Booth Steamship Co., Ltd., 189 id. 185.)
There is no allegation in the complaint that the defendant was negligent in this regard, nor any allegation whatever upon which actionable negligence may be predicated against it.
As regards the questions of practice, it does not appear that any such questions…
2Cases cited2 opinions
- Laubheim v. De Koninglyke Nederlandsche Stoomboot MaatschappyNew York Court of Appeals · 1887
- Rosenberg v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1917
3Cited by4 opinions
- Grant v. StateNew York Court of Claims · 1948
- Western Union Telegraph Co. v. MasonCourt of Appeals of Kentucky (pre-1976) · 1929
- Royal Indemnity Co. v. J. G. White Engineering Corp.New York Supreme Court · 1923
- Cestone v. HarkavyAppellate Division of the Supreme Court of the State of New York · 1935