Poplar v. Bourjois, Inc.
New York Court of Appeals
I. In order to impose liability for negligence only the initial injury need be foreseen. (Pearlman v. Garrod Shoe Co., 276 N. Y. 172; Milks v. Mclver, 264 N. Y. 267; McCahill v. New York Transp. Co., 201 N. Y. 221; Welch v. Enright, 257 App. Div. 685; Lang v. Stadium Purchasing Corp., 216 App. Div. 558.) II. The Appellate Division erred in holding as a matter of law that infection cannot be foreseen as a result of a small wound.
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I. In order to impose liability for negligence only the initial injury need be foreseen. (Pearlman v. Garrod Shoe Co., 276 N. Y. 172; Milks v. Mclver, 264 N. Y. 267; McCahill v. New York Transp. Co., 201 N. Y. 221; Welch v. Enright, 257 App. Div. 685; Lang v. Stadium Purchasing Corp., 216 App. Div. 558.) II. The Appellate Division erred in holding as a matter of law that infection cannot be foreseen as a result of a small wound. (Adlavn v. Konvalinka, 291 Y. 40; Pearlman v. Garrod Shoe Co., 276 N. Y. 172; Moch Co. v. Rensselaer Water Co., 247 N. Y. 160; Busch v. Interborough R. T. Co., 187 N.…
1Opinion of the CourtFuld, J.
A day or two after Christmas, 1940, as Myrtle Poplar was showing her sister perfumes and cosmetics which her husband had given her, she pricked her finger on the point of a silvery metal star that adorned the gift box in which they were contained. A serious streptococcus infection developed, she became gravely ill, and the infected finger had to he amputated. Following an unsuccessful suit in Maryland for breach of warranty against the Baltimore department store where the article had been purchased (Poplar v. Hochschild, Kohn & Co., 180 Md. 389), this negligence action was brought against…
2Cases cited15 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Milks v. McIverNew York Court of Appeals · 1934
- Matter of Connelly v. Hunt Furniture Co.New York Court of Appeals · 1925
- Baltimore City Passenger Railway Co. v. KempCourt of Appeals of Maryland · 1883
- McCahill v. New York Transportation Co.New York Court of Appeals · 1911
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- In re the Arbitration between Allstate Insurance & StolarzNew York Court of Appeals · 1993
- Goldberg v. Kollsman Instrument Corp.New York Court of Appeals · 1963
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