Crist v. Art Metal Work
| Citation | 175 N.E. 341,255 N.Y. 624 |
| Parties | CRIST v. ART METAL WORKS (two cases). |
| Decision Date | 10 February 1931 |
| Court | New York Court of Appeals Court of Appeals |
Actions by William E. Crist, an infant, by Abraham L. Spero, his guardian ad litem, and by Joseph W. Crist, against the Art Metal Works. From a judgment entered upon an order of the Appellate Division (230 App. Div. 114, 243 N. Y. S. 496), which reversed an order of Special Term granting defendant's motion for judgment on the pleadings and denied such motion, defendant by permission appeals in each of the actions. The following question was certified in each action: Does the complaint herein state facts sufficient to constitute a cause of action?
Order in each case affirmed, and question certified answered.
The complaints alleged that defendant, a manufacturer of toy pistols, advertised the same for use by children as a means of amusement, asserting that the toy was absolutely harmless and that the infant plaintiff, while dressed in costume for a Christmas play, was badly burned through the ignition if his costume from flame emanating from the barrel of one of the pistols so manufactured, advertised, and sold by the defendant.
Appeals from Supreme Court, Appellate Division, First Department.
Almet Reed Latson, Jr., and William T. Condon, both of New York City, for appellant.
Joseph Sussman, of New York City, for respondents.
Order in each action affirmed, with costs, and question certified answered in the affirmative.
LEHMAN, J., not sitting.
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... ... 8.03(1), p. 147. See Crist v. Art Metal Works, 230 App.Div. 114, 243 N.Y.S. 496, 499, affirmed 255 N.Y. 624, 175 N.E. 341 ... ...
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...v. Wolf, (1964) 226 Cal.App.2d 378, 38 Cal.Rptr. 183; Crist v. Art Metal Works, (1930) 230 App.Div. 114, 243 N.Y.S. 496, aff'd (1931) 255 N.Y. 624, 175 N.E. 341; Henry v. Crook, (1922) 202 App.Div. 19, 195 N.Y.S. 642; Rosenbusch v. Ambrosia Milk Corp., (1917) 181 App.Div. 97, 168 N.Y.S. 505......
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...Torts § 388, Comment b (1934). Cf. Crist v. Art Metal Works, 1930, 230 App.Div. 114, 243 N.Y.S. 496, affirmed per curiam 1931, 255 N.Y. 624, 175 N.E. 341, where it was said, in holding that a complaint, based on injuries received by a child from a toy revolver represented by the manufacture......
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...it may be a source of peril * * * ." Crist v. Art Metal Works, 230 App.Div. 114, 117, 243 N.Y.S. 496, 499 (1930), aff'd 255 N.Y. 624, 175 N.E. 341 (1931).22 Note, Dangerous Toys, 64 Irish L.Times 223, 224 (1930); 38 Am.Jur., Negligence, § 40, pp. 685-686.23 See generally, Prosser, supra, § ......