Kennedy v. F. W. Woolworth Co.

McAvoy, J.:

The court at Special Term declined to open a default suffered here apparently because it found that the complaint was obviously insufficient and its grounds of action could not prevail. The cause alleged is for loss of services of an infant daughter by her father, the infant’s injury which occasioned the loss of service having come about through her eating candy purchased of defendant at one of its stores. The argument runs that since the father is not in privity with the defendant as a vendee of the goods, and since the nature of the action is for a breach of warranty of quality…