Legal Opinion

Mundt v. Glokner

New York Supreme Court

Decided March 15, 1897PublishedCited by 3 opinions

Action to recover damages for the death of Martin M. Mundt) alleged to have been caused by negligence,

1Opinion of the CourtMcAdam, J.

On June 25, 1892, Martin M. Mundt applied to ■ the clerk in charge of the defendant’s drug store, Ho. 2285 Eighth avenue, Hew York city, for ten grains of quinine, and received from him a package labeled “ quinine.” The said Mundt shortly thereafter swallowed the contents, and died the following morning, and it was ascertained that the package contained morphine, a dangerous drug. Death was undoubtedly caused by the negligence of the defendant’s servant. The defendant, without questioning her liability for the wrong, raises the point that the cause of action never passed to the plaintiff as…

2Cases cited10 opinions

  1. Hegerich v. . KeddieNew York Court of Appeals · 1885
  2. Wade v. . KalbfleischNew York Court of Appeals · 1874
  3. Stuber v. . McEnteeNew York Court of Appeals · 1894
  4. Smith v. . ZalinskiNew York Court of Appeals · 1884
  5. Wooden v. Western New York & Pennsylvania RailroadNew York Court of Appeals · 1891

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3Cited by3 opinions

  1. Hendricks v. KauffmanSupreme Court of Missouri · 1936
  2. Monterey Bay Military Housing, LLC v. Ambac Assurance CorporationDistrict Court, S.D. New York · 2023
  3. Mundt v. GloknerAppellate Division of the Supreme Court of the State of New York · 1898

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