Videtto v. Dudley
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by George W. Videtto against Francis D. Dudley. From an order vacating an order for the examination of the defendant before trial the plaintiff appeals.
1Opinion of the CourtTruax, J.
The action was brought to recover damages for injuries which the plaintiff alleges he sustained through the action of the defendants in selling the plaintiff an instrument or tool which the plaintiff alleges the defendants knew was dangerous and unfit for use. The allegation of the complaint “that the defendant did not exercise due care or skill in manufacturing the catheter” is not an allegation that the defendant did manufacture the' catheter, but it is relevant to one of the material issues of the action, namely, the negligence of the defendant in selling the instrument, for he would be…
2Cited by2 opinions
- De Lacy v. WalcottThe Superior Court of the City of New York and Buffalo · 1891
- Bloom v. Pond'S Extract Co.The Superior Court of the City of New York and Buffalo · 1891