Legal Opinion

McVeigh v. Gentry

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

Decided May 29, 1902Published

Appeal from trial term. Action by John McVeigh against Claude V. Gentry. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtJenks, J.

The plaintiff complains that the defendant, a druggist, sold and delivered to him carbolic acid for chloroform liniment, and that his wife’s body was burned by it. He sues for damages for his expenses due to medical aid and nursing, and to the woman’s incapacity to perform duties as a housewife. At trial, the learned counsel for the defendant raised the question of jurisdiction upon the exception contained in subdivision 2 of section 1364 of the Greater New Tork charter. This section reads:

*536“Except as provided in the next section, the said municipal court has jurisdiction in the following…

2Cases cited7 opinions

Thomas v. . WinchesterNew York Court of Appeals · 1852
H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
Butler v. Manhattan Railway Co.New York Court of Appeals · 1894
Joyce v. ParkhurstMassachusetts Supreme Judicial Court · 1889
Stillwell v. FarewellSupreme Court of Vermont · 1891

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