Bunnell v. . Stern
New York Court of Appeals
Appeal from order of the General Term of the Court of Common ■ Pleas of the city and county of Hew York, made January 3, 1888, which reversed a judgment of the District Court of said city in favor of plaintiff; and ordered a new trial.
Read the full summary
Appeal from order of the General Term of the Court of Common ■ Pleas of the city and county of Hew York, made January 3, 1888, which reversed a judgment of the District Court of said city in favor of plaintiff; and ordered a new trial. The complaint as indorsed upon the summons is as follows, viz.: “ Damages by reason of negligence of defendants,” but, as elsewhere stated in the appeal book, it was in these words : “ Loss of a cloak and other articles left in the care of defendants while the plaintiff was being fitted to a wrap.” The answer was a general denial. The justice, before whom the…
1Opinion of the CourtVann, J.
The defendants are the proprietors of a retail store on Twenty-third street in the city'of Hew York, which has a department for the sale of ready-made cloaks. On the 19th of April, 1887, the plaintiff went to their store to purchase a wrap, and, entering the cloak department and making known her business, was conducted by one of the saleswomen to a place where there were two chairs near a mirror. She sat down on one of the chairs while the clerk brought her several garments to examine, and, after looking them over for ten or fifteen minutes, she selected one to try on and went to the mirror…
2Cases cited7 opinions
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
- Nave v. FlackIndiana Supreme Court · 1883
- Pastene v. AdamsCalifornia Supreme Court · 1874
- Learoyd v. GodfreyMassachusetts Supreme Judicial Court · 1885
- Welch v. McAllisterMissouri Court of Appeals · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Hasbrouck v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911
- Woodruff v. Painter & EldridgeSupreme Court of Pennsylvania · 1892
- Tyson v. Joseph H. Bauland Co.New York Court of Appeals · 1906
- Greer v. Los Angeles Athletic ClubCalifornia Court of Appeal · 1927
- Schleisner Co. v. BirchettCourt of Appeals of Maryland · 1953
36 more not listed; retrieve them via the Exa API.