Kuelling v. Roderick Lean Manufacturing Co.
New York Court of Appeals
Appeal from a judgment, entered May 28,1904, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant upon a nonsuit directed at the Trial Term.
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Appeal from a judgment, entered May 28,1904, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant upon a nonsuit directed at the Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. ' A manufacturer is liable to third persons with whom no contractual relation exists, for defects in his articles which are such as render the article in…
1Opinion of the Court
This action has been twice tried. The first trial resulted in a verdict for the plaintiff in the sum of $3,040.00; the judgment entered on this verdict was reversed and a new trial ordered. The second trial resulted in a nonsuit, the trial judge ordering the plaintiff's exceptions to be heard in the first instance by the Appellate Division; the latter court overruled the exceptions, denied motion for a new trial and ordered judgment for the defendant upon the nonsuit. The Appellate Division wrote no opinion, but rested its decision on the opinion of McLENNAN, P.J., handed down on the first…
2Cases cited12 opinions
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Arthur v. . GriswoldNew York Court of Appeals · 1874
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
- Metallic Compression Casting Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
7 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Jenkins v. North Carolina Department of Motor VehiclesSupreme Court of North Carolina · 1956
- Strauss v. Long Island Sports, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Windram Manufacturing Co. v. Boston Blacking Co.Massachusetts Supreme Judicial Court · 1921
- Citizens Bank v. C & H Construction & Paving Co.New Mexico Court of Appeals · 1976
51 more not listed; retrieve them via the Exa API.