Opinion · Nylaw New York

SCHUYLERVILLE WALL PAPER CO., INC. v. AM. MFG. CO., 272 App. Div. 856 (1947)

SCHUYLERVILLE WALL PAPER Co., INC., Respondent, v. AMERICANMANUFACTURING Co., Appellant, et al., Defendants., 272 A.D. 856 (Appellate Division of the Supreme Court of New York, Third Department. 1947)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1947-05-14
Topic: general

SCHUYLERVILLE WALL PAPER CO., INC. v. AM. MFG. CO., 272 App. Div. 856 (1947) SCHUYLERVILLE WALL PAPER COMPANY, INC., Respondent, v.

Citator

UpLaw has not yet analyzed SCHUYLERVILLE WALL PAPER CO., INC. v. AM. MFG. CO., 272 App. Div. 856 (1947). The absence of a flag is not a finding that it is good law.

SCHUYLERVILLE WALL PAPER CO., INC. v. AM. MFG. CO.,272 App. Div. 856(1947)

SCHUYLERVILLE WALL PAPER COMPANY, INC., Respondent, v. AMERICAN

MANUFACTURING COMPANY, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, Third Department.

May 14, 1947.

Appeal from Supreme Court, Saratoga County.

Defendant-appellant was a manufacturing corporation, and shipped, at the order of a jobber, wrapping twine direct to the plaintiff. It is alleged that the defendant-appellant knew the purpose for which the twine was to be used. Because of tar, or some oily substance, on the twine, plaintiff's rolls of paper were damaged. Plaintiff has sued in negligence. Defendant-appellant contends that as to liability on the ground of negligence it would only be liable for articles inherently dangerous to life or limb and citesMacPhersonv.Buick Motor Co.(217 N.Y. 382) as an authority for that proposition. We do not think its liability is so limited, or that the case cited requires such a holding. Articles inherently dangerous to property are also included, at least where notice of a proposed use is shown. Order affirmed, with $25 costs. All concur. [Seepost, p. 980.]