Allan v. State Steamship Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 11, 1890, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial, and also appeal from order of said General Term, made May 12, 1890, which affirmed an order denying a motion to dismiss the complaint.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 11, 1890, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial, and also appeal from order of said General Term, made May 12, 1890, which affirmed an order denying a motion to dismiss the complaint. This action was brought to recover for injuries alleged to have been sustained by the plaintiff upon a voyage from Glasgow to New York on the steamer “State of Georgia,” being the result of…
1Opinion of the CourtBrown, J.
The learned counsel for the respondent contends that when the plaintiff applied for quinine she had a right to rely upon receiving that medicine, and if she was given anything else the defendant was liable for the injuries sustained, and that mistake upon the part of the physician having charge of the ship’s medicines was not a defense.
Van Wyck v. Allen (69 N. Y. 62), and Thomas v. Winchester (6 id. 397), are the authorities cited in support of that proposition.
The first case was an action upon contract for breach of an implied warranty. The main question there decided related to the rule of…
2Cases cited4 opinions
- Losee v. . BuchananNew York Court of Appeals · 1873
- Morris v. PlattSupreme Court of Connecticut · 1864
- Brown v. MarshallMichigan Supreme Court · 1882
- Simonds v. HenrySupreme Judicial Court of Maine · 1855
3Cited by26 opinions
- New Prime Inc. v. OliveiraSupreme Court of the United States · 2019
- Jaswinder Singh v. Uber Technologies IncCourt of Appeals for the Third Circuit · 2019
- Roosen v. Peter Bent Brigham HospitalMassachusetts Supreme Judicial Court · 1920
- Powers v. Massachusetts Homœopathic HospitalCourt of Appeals for the First Circuit · 1901
- The Great NorthernCourt of Appeals for the Ninth Circuit · 1918
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