Wohlfahrt v. . Beckert
New York Court of Appeals
■ Appeal from an order of the General Term of the Supreme Court, in the second judicial department, made February 15, 1882, which sustained plaintiff’s exceptions and granted a new trial; a verdict having been rendered in favor of defendant by the direction of the court, on trial, and exceptions having been ordered to be heard at first instance at General Term. ■ (Reported below, 27 Hun, 74.) This action was brought to recover damages for alleged negligence in causing the…
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■ Appeal from an order of the General Term of the Supreme Court, in the second judicial department, made February 15, 1882, which sustained plaintiff’s exceptions and granted a new trial; a verdict having been rendered in favor of defendant by the direction of the court, on trial, and exceptions having been ordered to be heard at first instance at General Term. ■ (Reported below, 27 Hun, 74.) This action was brought to recover damages for alleged negligence in causing the death of Matthias Wohlfahrt, plaintiff’s intestate. The evidence on the trial was to this effect: Wohlfahrt being…
1Opinion of the CourtFinch, J.
Whether this case should have been submitted to the jury depends upon the inquiry whether the testimony of the defendant’s cleric is to betaken as the truth of the transaction, or may be questioned or doubted. If he is to be believed the druggist who sold the poison was guilty of no wrong or negligence toward the deceased, for he warned him that the “black drops” asked for was a strong poison, of which he should only take ten or twelve drops for adose. . Notwithstanding the warning, he took probably ten times the prescribed quantity, in reliance upon the previous statement of the peddler,…
2Cases cited5 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Pakalinsky v. . N.Y. Cent. Hud. R.R.R. Co.New York Court of Appeals · 1880
- Gardner v. Board of HealthNew York Court of Appeals · 1852
3Cited by30 opinions
- Ferdinand v. Agricultural Ins. Co. of Watertown, NYSupreme Court of New Jersey · 1956
- In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
- Coleman v. New York City Transit AuthorityNew York Court of Appeals · 1975
- Sipple v. . the StateNew York Court of Appeals · 1885
- Goldsmith v. CoverlyNew York Supreme Court · 1894
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