Summary
In Phelan v. Gibson (148 App. Div. 925) the plaintiff claimed to have purchased a chicken pie from defendant's testator, a restaurant keeper; that she ate the same and was thereby injured greatly to her damage; that, since said sale, said testator died and the defendant was his administrator c.t.a. The late Mr. Justice JAYCOX held at Special Term that, as the breach of the warranty resulted only in personal injuries, the cause of action did not survive. This court affirmed that decision, and, in my opinion, that case was correctly decided and should be followed.
Summary of this case from Bernstein v. Queens County Jockey ClubOpinion
January, 1912.
Order affirmed, with ten dollars costs and disbursements. No opinion. Jenks, P.J., Thomas, Carr, Woodward and Rich, JJ., concurred.