Legal Opinion · Dissent

Race v. Krum

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1914PublishedCited by 3 opinions

Appeal by the defendant, Charles B. ICrum, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 24th day of April, 1913, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 30th day of April, 1913, denying the defendant’s motion for a new trial made upon the minutes. Judgment and order affirmed, with costs.

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Appeal by the defendant, Charles B. ICrum, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 24th day of April, 1913, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 30th day of April, 1913, denying the defendant’s motion for a new trial made upon the minutes. Judgment and order affirmed, with costs. All concurred, except Woodward, J., dissenting in opinion, in which Howard, J., concurred.

1DissentWoodward, J.

Originally two causes of action were alleged in the complaint, one based upon negligence, the other upon a breach of warranty, the latter being the one which was sent to the jury and upon which the verdict in favor of the plaintiff was found. The cause of action surviving is based upon a complaint which alleges upon information and belief that at “all the times hereinafter mentioned the defendant was the proprietor, engaged in the business of carrying on a drug store,” and that the defendant “ as a part of his said business, had in his said drug store a counter at which he drew and sold soda…

2Cited by3 opinions

  1. Valeri v. Pullman Co.District Court, S.D. New York · 1914
  2. Leahy v. Essex Co.Appellate Division of the Supreme Court of the State of New York · 1914
  3. Rinaldi v. Mohican Co.Appellate Division of the Supreme Court of the State of New York · 1916

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