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Phelan v. Gibson

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1912
148 App. Div. 925 (N.Y. App. Div. 1912)

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 Club

Opinion

January, 1912.


Order affirmed, with ten dollars costs and disbursements. No opinion. Jenks, P.J., Thomas, Carr, Woodward and Rich, JJ., concurred.


Summaries of

Phelan v. Gibson

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1912
148 App. Div. 925 (N.Y. App. Div. 1912)

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 Club
Case details for

Phelan v. Gibson

Case Details

Full title:Anna E. Phelan, Appellant, v Rodney Gibson, as Administrator with the Will…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 1, 1912

Citations

148 App. Div. 925 (N.Y. App. Div. 1912)

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