Home/Appellate Division of the Supreme Court of New York/Luke v. State

Luke v. State

253 A.D. 783, 1 N.Y.S.2d 19
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 29, 1937
DocketClaim No. 19696
StatusPublished
Cited by18 cases

This text of 253 A.D. 783 (Luke v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Luke v. State, 253 A.D. 783, 1 N.Y.S.2d 19 (N.Y. Ct. App. 1937).

Opinion

Appeal by the defendant, The State of New York, from a judgment of the Court of Claims awarding damages to the claimant in the sum of $6,000. The person in whose interest the claim is presented was a patient in the St. Lawrence State Hospital at Ogdensburg, N. Y., who was permanently insane. She was confined in a ward with sixty-two other patients with only two attendants present. This patient and some other patients were known to be assaultive patients. While in the day ward, where practically aE the patients were, one of the assaultive patients rushed over and shoved the claimant so that she feE down on the floor and broke her hip, rendering her a permanent invaEd. Both patients were permanently insane. The claimant was removed to her sister’s house and was being taken [784]*784care of at her home although she was still insane. She has since died. The evidence shows that the institution was thirty-eight per cent overcrowded and there was testimony in the case, on the part of the claimant, that there should have been eight persons in charge of this group in this ward. Due to the amount of money furnished only four were assigned and only two of the four were present at the time of this accident. (Martindale v. State, 269 N. Y. 554.) The evidence introduced by the claimant under the enabling act

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Johnson v. Department of Mental Retardation & Developmental Disabilities
520 N.E.2d 29 (Ohio Court of Claims, 1987)
Schrempf v. State
487 N.E.2d 883 (New York Court of Appeals, 1985)
Dunn v. State of New York
277 N.E.2d 647 (New York Court of Appeals, 1971)
Kent v. Whitaker
364 P.2d 556 (Washington Supreme Court, 1961)
Doty v. State
33 Misc. 2d 330 (New York State Court of Claims, 1961)
Hirsh v. State of New York
168 N.E.2d 372 (New York Court of Appeals, 1960)
Fahey v. United States
153 F. Supp. 878 (S.D. New York, 1957)
Williams v. State of New York
127 N.E.2d 545 (New York Court of Appeals, 1955)
Public Administrator v. State
207 Misc. 726 (New York State Court of Claims, 1955)
St. George v. State
203 Misc. 340 (New York State Court of Claims, 1953)
Slater v. State
192 Misc. 826 (New York State Court of Claims, 1948)
Daley v. State
273 A.D. 552 (Appellate Division of the Supreme Court of New York, 1948)
Zajaczkowski v. State
189 Misc. 299 (New York State Court of Claims, 1947)
Dowly v. State
190 Misc. 16 (New York State Court of Claims, 1947)
Tabor v. State
186 Misc. 736 (New York State Court of Claims, 1946)
Scolavino v. State
187 Misc. 253 (New York State Court of Claims, 1946)
Weihs v. State
267 A.D. 233 (Appellate Division of the Supreme Court of New York, 1943)
Herrick v. State
177 Misc. 1009 (New York State Court of Claims, 1942)

Cite This Page — Counsel Stack

Bluebook (online)
253 A.D. 783, 1 N.Y.S.2d 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luke-v-state-nyappdiv-1937.