Willson v. . Faxon, Williams Faxon
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 5, 1911, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, as far as material, are stated in the opinion. Defendant was negligent in selling tablets containing calomel for cascara and representing them purely vegetable.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 5, 1911, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, as far as material, are stated in the opinion. Defendant was negligent in selling tablets containing calomel for cascara and representing them purely vegetable. (State Board v. Matthews, 197 N. Y. 353; Blood Balm Co. v. Cooper, 83 Ga. 457; Bruckel v. Milhau, 116 App. Div. 832; Torgeson v. Schultz, 192 N. Y. 156; Kuelling…
1Opinion of the CourtWillard Bartlett, J.
This case has been tried twice. ' Upon the first trial the plaintiff was successful, but the judgment entered upon the verdict in her favor was reversed hy the Appellate Division, and upon the second trial, the evidence being the same, a verdict was directed in favor of the defendant. From the judgment upon that verdict the plaintiff now appeals.
The defendant is a domestic corporation engaged in selling drugs and medicines in the city of Buffalo. The • plaintiff purchased at its store a box of medicinal pills labeled as follows:
“Price 25 cents
“ Kascara
“ Kathartics
“Cure Constipation
“ Faxon,…
2Cases cited4 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Blood Balm Co. v. CooperSupreme Court of Georgia · 1889
- Torgesen v. . SchultzNew York Court of Appeals · 1908
- Allan v. State Steamship Co.New York Court of Appeals · 1892
3Cited by29 opinions
- Fletcher v. Atex, Inc.Court of Appeals for the Second Circuit · 1995
- Kidder v. HallTexas Supreme Court · 1923
- McLaughlin v. Mine Safety Appliances Co.New York Court of Appeals · 1962
- Markel v. SpencerAppellate Division of the Supreme Court of the State of New York · 1958
- Cadillac Motor Car Co. v. JohnsonCourt of Appeals for the Second Circuit · 1915
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