Opinion
June 28, 1943.
Present — Close, P.J., Hagarty, Johnston, Adel and Lewis, JJ.
Action by plaintiff wife to recover damages for personal injuries resulting from defendant's negligence, and by plaintiff husband for loss of services and for expenses. The wife, while in a delivery room at the defendant hospital, in advanced labor and under the influence of a drug, fell from a bed thirty-six inches wide which was not equipped with side boards. Judgment for plaintiffs unanimously affirmed, with costs. A question of fact was presented as to whether, within the scope of reasonable anticipation, defendant, through its servants, should have guarded against the mishap which occurred, to the extent, at least, of furnishing a bed with side boards. The negligence, as found by the jury, was of an administrative nature, in that the servants of the defendant assigned the plaintiff to a particular bed for occupancy and continued her in it up to the time of the accident.