Smith v. Cauvigny Brush Co. — 245 N.Y. 598

Majority

p. 598

Egbert A. Smith, Respondent, v. Cauvigny Brush Company, Incorporated, Appellant, Impleaded with Another.

(Argued May 19, 1927;

decided June 7, 1927.)

Headnote

Negligence — infection — sale of shaving brush from use of which plaintiff developed anthrax.

Smith v. Cauvigny Brush Co., Inc., 219 App. Div. 760 , affirxbed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 11, 1927, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The complaint alleged that plaintiff became infected with the germs of anthrax through use of a shaving brush purchased by him at a retail drug store

p. 599

which in turn procured it from defendant, appellant, an importer and wholesaler of brushes.

Bernard Swartz and William J. Carey for appellant.

Barton Swift for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.