Willey v. Mynderse
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jacob Willey, Jr., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Schenectady on the 1st day of October, 1913, upon a dismissal of the complaint by direction of the court at the close of the plaintiff’s case.
1Opinion of the Court
Smith, P. J.:
In this case the plaintiff was a bartender. While at work at his business a bottle of Silver Spray table water which was kept behind the bar exploded, a piece of glass flew and hit him in the eye, and it became necessary to remove the eye. He here sues the manufacturer and bottler. The complaint alleges that the defendant was negligent in failing to properly inspect the bottle which broke; that the water was highly charged with gas, so that it exerted a pressure of sixty pounds to the square inch; that there were flaws in the bottle and that it was weak and defective. There was…
2Cases cited1 opinion
- Bruckel v. J. Milhau's SonAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by11 opinions
- Hewitt v. General Tire and Rubber CompanyUtah Supreme Court · 1955
- Quackenbush v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Slack v. Premier-Pabst Corp.Superior Court of Delaware · 1939
- Quackenbush v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Cole v. Great Atlantic & Pacific Tea Co.New York Supreme Court · 1964
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