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ROSEN v. BRONX HOSP.

284 A.D. 943 (1954)

Herbert Rosen, Respondent, v. Bronx Hospital, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 9, 1954.

Judgment appealed from affirmed.

DORE, J. (dissenting).

No actionable negligence was established against defendant in view of the unforeseeability of this very unusual and peculiar accident (cf. Collins v. Noss, 258 App. Div. 101, affd. 283 N.Y. 595). In the Collins case we said (p. 102): "Liability for actionable negligence must lie within the range of natural and probable consequences. Such risk does not include every possible...

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