Tompkins v. Williams
Appellate Division of the Supreme Court of the State of New York
Appeal by tbe defendant, Charles L. Williams, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Delaware on the 22d day of July, 1909, denying the said defendant’s motion to cancel and discharge a judgment and to set aside an execution issued thereon under section 150 of the Debtor and Creditor Law (Consol. Laws, chap. 12; Laws of 1909, chap. 17).
1Opinion of the Court
Kellogg, J.:
The plaintiff’s intestate met his death at an inn of" which ¿he wife of Williams and another were the proprietors and Williams and Monroe were bartenders and employees. The judgment in question is against Williams and .Monroe, and is based upon the fact that the intestate’s death was caused (1) by the administration of chloral to him by Williams, or (2) by the defendants neglecting to properly care for an intoxicated guest. From the evidence, "the *522pleadings and the charge of the court the verdict may have been placed upon either ground, and it is impossible to state upon which…
2Cases cited3 opinions
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Kavanaugh v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1908
- Allen v. . FrommeNew York Court of Appeals · 1909
3Cited by14 opinions
- Kreitlein v. FergerSupreme Court of the United States · 1915
- Greenfield v. TuccilloCourt of Appeals for the Second Circuit · 1942
- Yackel v. NysAppellate Division of the Supreme Court of the State of New York · 1939
- Proctor Securities Corp. v. HandlerNew York Supreme Court · 1957
- First National Bank v. HaymesCivil Court of the City of New York · 1966
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