finding of negligence warranted where hospital "knew that the deceased, while a patient in the hospital, was possessed of a desire and propensity to escape that on a previous occasion she had escaped through a similar window" yet left her sufficiently unguarded that she "removed a lug from the window of the toilet room through which she escaped," falling or jumping to her deathSummary of this case from Elaine v. Anderson
Argued October 25, 1935
Decided November 20, 1935
Appeal from the Supreme Court, Appellate Division, Fourth Department.
John J. Bennett, Jr., Attorney-General ( Leon M. Layden and Henry Epstein of counsel), for appellant.
Crandall Melvin, Lawson Barnes and Louis Young for respondent.
Judgment affirmed, with costs; no opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN and FINCH, JJ. Not sitting: CROUCH, J.