Bruckel v. J. Milhau's Son
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, J. Milliards Son, from a judgment of the Supreme. Court in favor of the plaintiff, entered in the office of. the clerk of the county of Kings on the- 15th day of December, 1905, upon the verdict of a jury for $10,000, and'also from an order entered in said clerk’s office on the 15th day of December, 1905, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The question of this case is whether the defendant, as vendor of the apparatus consisting of a sparklet bottle and capsules for use therewith, was chargeable with negligence in the sale thereof.. The plaintiff complained that the defendant at the time of the sale well knew that the bottle was unsafe and dangerous to use, and unfit for the purpose intended, and that the defendant sold and delivered the bottle without disclosure. But at the end of the case he amended his plea by adding after the allegation that the defendant “knew,” the allegation “or in the exercise of reasonable…
2Cases cited4 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Loop v. . LitchfieldNew York Court of Appeals · 1870
- Reiss v. New York Steam Co.New York Court of Appeals · 1891
3Cited by22 opinions
- Trust v. Arden Farms Co.California Supreme Court · 1958
- Honea v. City Dairy, Inc.California Supreme Court · 1943
- Alfieri v. Cabot Corp.Appellate Division of the Supreme Court of the State of New York · 1962
- Santise v. Martins, Inc.Appellate Division of the Supreme Court of the State of New York · 1940
- Levin v. Walter Kidde & Co.Court of Appeals of Maryland · 1968
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