Donoghue v. Callanan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas Donoghüe, from an order-of the Supreme Court, made at. the New York Special Term and entered .in the office of the-clerk of the county of New York on the 25th day of May,'1912, denying the plaintiff’s motion for the production, discovery, and inspection of a certain bottling machine.
1Opinion of the Court
Dowling, J.;
This is an appeal from an order denying a motion for the ' production, discovery and inspection of a certain machine known as a “ fountain ” and used by the respondents in filling bottles as well as in testing thein to determine their fib ness for use. The action is brought to recover damages stistained by reason of the explosion of a.bottle containing seltzer water, furnished by respondents to their customers Kelly & McCreesh, the codefendants, and one of the averments of the complaint is as follows:
“Ninth. That the said defendants William H. Callanan and Frank (or Francis)…
2Cases cited2 opinions
- Beyer v. Transit Development Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Pina Maya-Sisal Co. v. George L. Squire Manufacturing Co.New York Supreme Court · 1907
3Cited by7 opinions
- Gimenes v. New York & Porto Rico S. S. Co.District Court, S.D. New York · 1929
- Duncan v. HammondNew York Supreme Court · 1959
- Merriam Display Studio, Inc. v. HarlambidesSyracuse City Court · 1949
- Chippona v. General Railway Signal Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Glowniak v. Lehigh Valley RailroadNew York Supreme Court · 1915
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