Torgesen v. . Schultz
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in not submitting to the jury the questions whether under the circumstances proven in the case the defendant was not negligent of a duty which it owed to the plaintiff in selling the bottle in question without subjecting it to a more careful and…
1Opinion of the CourtWillard Bartlett, J.
The plaintiff has suffered the loss of an eye by reason of the explosion of a siphon bottle of aer atocl water filled and put upon the market by the defendant corporation. The siphon had been charged at a pressure of 125 pounds to the square inch. The plaintiff was a domestic servant and on July 1, 1901, between one and two o’clock in the afternoon she received at the door of her employer’s house in the city of Mew York two siphons which had been filled with water by the defendant and which had been purchased from a druggist who had obtained them from the defendant. The day was very hot, the…
2Cases cited2 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- O'Neill v. JamesMichigan Supreme Court · 1904
3Cited by32 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Campo v. ScofieldNew York Court of Appeals · 1950
- Rosebrock v. General Electric Co.New York Court of Appeals · 1923
- Inman v. Binghamton Housing AuthorityNew York Court of Appeals · 1957
- Mull v. Colt Co.District Court, S.D. New York · 1962
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