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Laturen v. Bolton Drug Co.

188 N.Y. 574 Court N.Y. Decision date 1907-04-02 English

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p. 574
Emma F. Laturen, Appellant, v. Bolton Drug Company, Limited, Respondent.
(Argued March 14, 1907;
decided April 2, 1907.)

Headnote

Laturen v. Bolton Drug Co., 112 App. Div. 921 , affirmed.
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 28, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term, and an order denying a motion for a new trial in an action to recover for personal injuries alleged to have been sustained through defendant’s negligence in filling a prescription.
p. 575
James Taylor Lewis and Edmund Fletcher Driggs for appellant.
Edwin A. Jones and Charles C. Nadal for respondent.

Judgment affirmed, with costs, on the sole ground that the plaintiff did not show that her injuries were the result of defendant’s mistake in changing the prescription ; no opinion.

Concur: Gray, Werner, Hiscock and Chase, JJ. Dissenting: Cullen, Ch. J., Vann and Willard Bartlett, JJ.

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