Willson v. Faxon, Williams & Faxon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Faxon, Williams and Faxon, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the Jt-b. day of July, 1909, upon the verdict of a jury for $2,000, which was thereafter reduced to $1,000, and also from two orders, entered in said clerk’s office on the 23d day of June, 1909, denying the defendant’s motions for a new trial.
1Opinion of the Court
Spring, J.:
The action was submitted to the jury as one of negligence, and with the assent of the "attorneys for the plaintiff, and must be so treated upon this appeal.
The defendant is a domestic corporation with retail' stores in the city of Buffalo, and deals extensively in drugs, patent and proprietary medicines.
On a Saturday in January, 1905, the plaintiff and -her husband were in one of these stores and their attention was attracted by packages of tablets, and after some conversation with the clerk in charge the husband purchased, a package for twenty-five cents. The package was labeled…
2Cases cited8 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Loop v. . LitchfieldNew York Court of Appeals · 1870
- Kuelling v. Roderick Lean Manufacturing Co.New York Court of Appeals · 1905
- Carlson v. Phoenix Bridge Co.New York Court of Appeals · 1892
- O'Neill v. JamesMichigan Supreme Court · 1904
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3Cited by4 opinions
- Kaempfe v. Lehn & Fink Products Corp.Appellate Division of the Supreme Court of the State of New York · 1964
- Cleary v. John M. Maris Co.New York Supreme Court · 1940
- Singer v. OkenCity of New York Municipal Court · 1949
- Zampino v. Colgate-Palmolive Co.New York Supreme Court · 1958