New York Court of Appeals

William G. Dillon, Appellant v. Rockaway Beach Hospital and Dispensary, Respondent

November 19, 1940284 N.Y. 176

Summary

The Court held that the plaintiff's circumstantial evidence was sufficient to constitute a prima facie case of negligence and causation, and that a charitable hospital is not immune from liability for the negligent acts of its servants; therefore the lower court's nonsuit was reversed and a new trial was ordered.