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SCHMITT v. HOUSE OF ST. GILES CRIPPLE

283 A.D. 972 (1954)

Joan F. Schmitt, an Infant, by John L. Schmitt, Her Guardian ad Litem, et al., Respondents, v. House of St. Giles the Cripple, Appellant

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

May 24, 1954.

Judgment unanimously affirmed, with costs.

Under the court's charge, the jury could find from the evidence that the nurse's act in leaving the infant plaintiff without supervision was an administrative act which was the proximate cause of her injuries. (Cf. Santos v. Unity Hosp., 301 N.Y. 153; Iacono v. New York Polyclinic Med. School & Hosp., 296 N.Y. 502; Corten v. Harbor Hosp., 279 App. Div. 673, and Poplar...

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