Sharlette v. Lake Placid Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lake Placid Company, from a judgment of the County Court of the county of Essex in favor of the plaintiff, entered in the office of the clerk of said county on the 26th day of November, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 19th day of December, 1917, denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
John M. Kellogg, P. J.:
The defendant company carried on extensive farming operations and raised and sold a great many hogs and pigs. In the locality in question there was more or less hog cholera, due probably to the fact that the hogs were fed on garbage. The disease was contagious. Plaintiff was attracted by the defendant’s advertisement in the paper that it had pigs for sale at its Highland Farm. At the time she made the purchase many of the defendant’s pigs were sick and hog cholera was prevalent in the locality and in defendant’s herd, and inoculation was in progress. Walters was the…
2Cases cited4 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- First National Bank v. FarsonNew York Court of Appeals · 1919
- Craig v. WardNew York Court of Appeals · 1867
- Washburn v. Rainier Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Ellis v. AllenAppellate Terms of the Supreme Court of New York · 1925