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Martindale v. State

Court of Appeals of the State of New York
Nov 20, 1935
199 N.E. 667 (N.Y. 1935)

Summary

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 death

Summary of this case from Elaine v. Anderson

Opinion

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.


Summaries of

Martindale v. State

Court of Appeals of the State of New York
Nov 20, 1935
199 N.E. 667 (N.Y. 1935)

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 death

Summary of this case from Elaine v. Anderson
Case details for

Martindale v. State

Case Details

Full title:MARION T. MARTINDALE, as Administrator of the Estate of JOSEPHINE E…

Court:Court of Appeals of the State of New York

Date published: Nov 20, 1935

Citations

199 N.E. 667 (N.Y. 1935)
199 N.E. 667

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