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NOE v. WOLF

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1934
243 App. Div. 542 (N.Y. App. Div. 1934)

Opinion

December, 1934.


Action to recover damages for the death of plaintiffs' intestate through the negligence, as alleged, of defendant in the use and administration of an anaesthetic. Appeal from a judgment dismissing the complaint at the close of plaintiffs' case. Judgment reversed on the law and a new trial granted, costs to appellants to abide the event. In our opinion, plaintiffs made out a prima facie case and were entitled to have the court submit to the jury the question of defendant's negligence in permitting chloroform to be used as the anaesthetic and in directing the anaesthetist in the "pouring" of the chloroform. Lazansky, P.J., Hagarty, Carswell, Tompkins and Davis, JJ., concur.


Summaries of

NOE v. WOLF

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1934
243 App. Div. 542 (N.Y. App. Div. 1934)
Case details for

NOE v. WOLF

Case Details

Full title:JOSEPH A. NOE and Another, as Administrators of MIRIAM J. NOE, Deceased…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1934

Citations

243 App. Div. 542 (N.Y. App. Div. 1934)