Reed v. Livermore
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George Livermore, as surviving partner, etc., from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tompkins on the 23d day of July, 1904, upon the decision of the court, rendered after a trial at the Broome Special Term, overruling the defendant’s demurrer to the plaintiff’s complaint.
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Appeal by the defendant, George Livermore, as surviving partner, etc., from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tompkins on the 23d day of July, 1904, upon the decision of the court, rendered after a trial at the Broome Special Term, overruling the defendant’s demurrer to the plaintiff’s complaint. Le Roy H. Smith, one of the original defendants; and the appellant were engaged in the manufacture and sale of guns under the firm name of the Ithaca Gun Company. Le Roy H. Smith died after the commencement of…
1Opinion of the Court
Parker, P. J.:
There are sufficient facts stated in this complaint to constitute two different causes of action in favor of this plaintiff and against the defendant. One, an action for negligence, putting upon the market a gun constructed of such defective material and in such a careless manner that it was unsafe for use and a danger to the community. The plaintiff, being injured by its-exploding while using it, which injury resulted in the loss of his hand, claims damages for the injury resulting from such negligent act.
The complaint also states the further fact that, at the time the…
2Cases cited7 opinions
- Wiles v. . SuydamNew York Court of Appeals · 1876
- Lamming v. . GalushaNew York Court of Appeals · 1892
- Anderson v. HillNew York Supreme Court · 1869
- De Wolfe v. . AbrahamNew York Court of Appeals · 1896
- Sweet v. IngersonNew York Supreme Court · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Buck v. Jones Bakery, Inc.New York Supreme Court · 1936
- Salter v. Bronx National BankAppellate Division of the Supreme Court of the State of New York · 1912
- Turner v. Edison Storage Battery Co.Appellate Division of the Supreme Court of the State of New York · 1928