Opinion
Argued January 6, 1938
Decided March 8, 1938
Appeal from the Supreme Court, Appellate Division, Second Department.
Thomas W. Constable for appellants.
Clarence S. Zipp, Owen F. Hughes and Daniel Miner for respondent.
Judgment affirmed, with costs. The nurse was employed by the patient and not by the hospital. The court does not decide any other question upon this record. No opinion.
Concur: LEHMAN, O'BRIEN, HUBBS and FINCH, JJ.; CRANE, Ch. J., LOUGHRAN and RIPPEY, JJ., dissent upon determining this question solely as a matter of law.