Legal Opinion

Field v. Empire Case Goods Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 31, 1917PublishedCited by 16 opinions

Appeal by the defendant, Empire Case Goods Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 13th day of May, 1917, denying its motion for judgment on the pleadings consisting of a complaint and answer.

1Opinion of the Court

Rich, J.:

The action is to recover for personal injuries alleged to have been sustained through the negligence of defendant in the improper and negligent construction of a bed, which collapsed while plaintiff was lying upon it and about to be delivered of a child.

The complaint alleges that the defendant is a corporation engaged in the business of manufacturing and selling to retail dealers in household furniture; that prior to August, 1915, it manufactured and sold to a retail firm a Circassian walnut bed; that in said month of August said retail firm sold and delivered said bed to the…

2Cases cited4 opinions

  1. MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
  2. Thomas v. . WinchesterNew York Court of Appeals · 1852
  3. Quackenbush v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1916
  4. O'Rourke v. PattersonAppellate Division of the Supreme Court of the State of New York · 1913

3Cited by16 opinions

  1. Defore v. Bourjois, Inc.Supreme Court of Alabama · 1958
  2. Crist v. Art Metal WorksAppellate Division of the Supreme Court of the State of New York · 1930
  3. Tamres v. ReedSuperior Court of Pennsylvania · 1933
  4. Jaroniec v. C. O. Hasselbarth, Inc.Appellate Division of the Supreme Court of the State of New York · 1928
  5. Cullem v. M. H. Renken Dairy Co.Appellate Division of the Supreme Court of the State of New York · 1936

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