St. John v. Olmsted — 223 N.Y. 629

Majority

p. 629

Anna R. St. John, an Infant, by Wilbert J. St. John, Her Guardian ad Litem, Respondent, v. Allen S. Olmsted, Appellant.

Headnote

St. John v. Olmsted, 175 App. Div. 964 , affirmed.

(Submitted March 21, 1918;

decided April 5, 1918.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 24, 1916, affirming a judgment in favor

p. 630

of plaintiff entered upon a verdict. The complaint alleged that while the plaintiff, an infant two years of age, was on the porch of her father’s home, the defendant “ through his officers, agents and servants ” caused a free sample of “ Allen’s Foot-Ease ” to be left there in such a manner that she became possessed of it, and took a portion of its contents into her mouth, and was thereby poisoned and injured; that said act “ was negligent and careless and in violation of the statute in such case made and provided.” The defendant made practically a general denial and -alleged, among other things, that if any such sample was distributed as alleged, it was done by an independent contractor.

Edward P. White for appellant.

Frank E. Young for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Collin, Cuddeback, Hogan, McLaughlin and Crane, JJ.