135 N.Y.S. 889 | N.Y. App. Div. | 1912
Defendant should pay the plaintiff a stipulated sum for sick benefits, provided the osteopath who attended him was a “regularly qualified physician,” as the policy requires, for in such case the plaintiff has performed the contract on his part. The attendant was licensed under the law of the State of New York (Public Health Law [Consol. Laws, chap. 45; Laws of 1909, chap. 49], art. 8), but thereby he is not permitted to administer drugs or to perform surgery with instruments.
The plaintiff should have judgment for $201". 65, with interest from May 26, 1916, with costs.
Woodward and Rich, JJ., concurred; Jenks, P. J., and Carr, J., dissented.
Judgment for plaintiff,, with costs, in accordance with the terms of the submission.