Legal Opinion
Schmid v. Werner
New York Supreme Court
Decided February 15, 1947PublishedCited by 3 opinions
1Opinion of the CourtHoestadteb, J.
Plaintiff has brought suit against the City of New York and two doctors, employed by the city at the Morrisania Hospital, to recover damages for injuries alleged to have been sustained as a result of the doctors’ negligence.
Under section 50-d of the General Municipal Law, a municipal corporation is made ultimately liable for damages for injuries sustained as a result of malpractice by a physician in a public institution which renders services gratuitously. In Derlicka v. Leo (281 N. Y. 266, 268-269) the court said, with respect to section 50-d: “ The liability which existed at common law may…
2Cases cited6 opinions
- Derlicka v. LeoNew York Court of Appeals · 1939
- Bernardine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1944
- Kosiba v. City of SyracuseNew York Court of Appeals · 1942
- Krauss v. LaymanAppellate Division of the Supreme Court of the State of New York · 1941
- Eldridge v. PearsonAppellate Division of the Supreme Court of the State of New York · 1941
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3Cited by3 opinions
- Polk v. City of New YorkNew York Supreme Court · 1947
- Sandak v. Tuxedo Union School District No. 3New York Supreme Court · 1953
- Martinez v. ModicaNew York Supreme Court · 1948