Mundt v. . Glokner
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 6,1898, and from the judgment entered thereon January 10, 1898, reversing a- judgment in favor of defendant entered upon a dismissal of the complaint at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 6,1898, and from the judgment entered thereon January 10, 1898, reversing a- judgment in favor of defendant entered upon a dismissal of the complaint at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The question certified was as follows :■ “ Did the cause of action set forth in the complaint survive after the death of Edward M. Mundt, the father and next of kin of Martin M. Mundt,…
1Opinion of the CourtO’Brien, J.
This action was originally brought by a father, as the administrator of his deceased son, to recover damages growing out of the death of the son, caused, "as alleged, by the negligent act of the defendant. It is alleged in the complaint that the defendant, being a druggist and pharmacist, doing business in the city "of New York, was applied to by the son, on the 25th day of June, 1892, to sell to him ten grains of quinine; that thereupon she sold and delivered to him a package purporting to contain quinine and was so marked, but that, in consequence of the carelessness and neglect of the…
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