The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 44

The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 44

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ...statute. CTION of damages for negligently causing the death of plaintifi's intestate. The opinion shows the point. The defendant had a verdict, which was set aside by the General Term. William C'. De Witt, for appellant. Samuel Greenbaum, for respondent. FINOH, J. Whether this ease should have been submitted to the jury depends upon the inquiry whether the testimony of the defendant's clerk is to be taken as the truth of the transaction, or may be questioned or doubted. If he is to be believed, the druggist who sold the poison was guilty of no wrong or negligence toward the deceased, for he warned him that the "black drops" asked for was a strong poison, of which he should only take ten or twelve drops for a dose. Notwithstanding the warning, he took probably ten times the prescribed quantity, in reliance upon the previous statement of the peddler, Silberstein, that he had taken half a glass of what he called "black draught," and that it had cured him. On such a state of facts a verdict against the defendant would not be justified. Although no label marked " poison " was put upon the phial, and granting that by such omission the defendant was guilty of a misdemeanor and liable to the penalty of the criminal law, still that fact does not make him answerable to the customer injured, or his representative in case of his death, for either a negligent or wrongful act when toward that customer he was guilty of neither, since he fairly and fully warned him of all, and more than could have been made known by the authorized label. The statute requires the ringing of the bell or sounding of the whistle by an engine approaching a railroad crossing, but one Wohlfahrt v. Beckert. who sees the train...show more

Product details

  • Paperback | 352 pages
  • 189 x 246 x 19mm | 630g
  • Rarebooksclub.com
  • English
  • Illustrations, black and white
  • 1236877004
  • 9781236877000