BROWN v. GODEFROY MFG. CO.


278 A.D. 242 (1951)

Lilah B. Brown, as Administratrix of The Estate of Eugene W. Bradley, Deceased, Respondent, v. Godefroy Mfg. Co. et al., Defendants, and Hersch Chemists, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 15, 1951.


Attorney(s) appearing for the Case

Walter L. Glenney of counsel (Glenney, Mathews & Hampton, attorneys), for Progressive Drug Co., Inc., appellant.

Olin S. Nye of counsel (Reginald V. Spell, attorney), for Hersch Chemists, Inc., appellant.

Jonas J. Shapiro of counsel (Janet Perlman with him on the brief; B. Leo Schwarz, attorney), for respondent.

GLENNON, J. P., DORE, CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.


Per Curiam.

In plaintiff's case against defendant Hersch Chemists, Inc., a retailer, it was established solely by reason of the retailer's default in responding to plaintiff's demand for admissions, that the dye herein in question contained a chemical called paraphenylenediamine, a poison that was the competent producing cause of decedent's injuries. Counsel for defendant Progressive Drug Co., Inc., the jobber, against whom the retailer had made a claim over...

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