Legal Opinion

Horst v. Walter

New York Supreme Court

Decided April 15, 1907PublishedCited by 1 opinion

Appeal by the defendant from a judgment of the Municipal Court of the city of Hew York, second district, borough of the Bronx, in favor of the plaintiff, rendered upon a trial before the justice without a jury.

1Opinion of the CourtGiegerich, J.

The action was brought to recover for injuries received by the plaintiff through the alleged negligence of the defendant’s servant. The plaintiff’s wife went to the defendant’s drug store and asked for something to wash out a wound or cut which her husband had received on his knee. The clerk gave her a small bottle bearing the words, among others, “ Poison, Carbolic Acid.” She took this home and applied it to the wound. The result was that the knee was burned and turned black and caused serious trouble. tJpon chemical analysis the solution was fotmd to contain between eighty-six and ninety…

2Cases cited4 opinions

  1. Cosgrove v. . OgdenNew York Court of Appeals · 1872
  2. Norton v. SewallMassachusetts Supreme Judicial Court · 1870
  3. Wohlfahrt v. . BeckertNew York Court of Appeals · 1883
  4. Gardner v. Board of HealthNew York Court of Appeals · 1852

3Cited by1 opinion

  1. Goodwin v. RoweOregon Supreme Court · 1913

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