Stephen v. Woodruff
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Queens county. Action by Alexander Stephen against Albert G. Woodruff and Sarah TV Woodruff, as executors of and trustees under the -will of Albert Woodruff, deceased, to recover damages alleged to have been sustained by plaintiff in consequence of injuries received by his minor child, by reason of the breach of an express warranty of defendants’ testator.
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Appeal from special term, Queens county. Action by Alexander Stephen against Albert G. Woodruff and Sarah TV Woodruff, as executors of and trustees under the -will of Albert Woodruff, deceased, to recover damages alleged to have been sustained by plaintiff in consequence of injuries received by his minor child, by reason of the breach of an express warranty of defendants’ testator. Defendants demurred to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action. Prom an interlocutory judgment overruling the demurrer, defendants appeal.
1Opinion of the CourtBradley, J.
The plaintiff, by his complaint, charges that by reason of the leaky and impaired condition of the roof of the house in which the plaintiff, with his infant daughter, Katherine, resided, wrongfully permitted by the defendants’ testator, the rain came, through onto the child while she was asleep in her bed, causing her illness, and resulting in permanent injury to .her eyes, partially depriving her of the use of them; and that, as the consequence of *713such illness and injury, the plaintiff has been deprived of the work, labor, and services of such infant, and of the sums which she might…
2Cases cited1 opinion
- Cregin v. . Brooklyn Crosstown Railroad Co.New York Court of Appeals · 1878
3Cited by1 opinion
- Gorlitzer v. . WolffbergNew York Court of Appeals · 1913