Block v. Liggett & Myers Tobacco Co.

Appellate Terms of the Supreme Court of New York

Block v. Liggett & Myers Tobacco Co.

162 Misc. 325, 296 N.Y.S. 922, 1937 N.Y. Misc. LEXIS 1341

Appellate Terms of the Supreme Court of New York·Decided January 15, 1937·Published·Cited by 2 cases

Opinion

Per Curiam.

We are of the opinion that cigarettes are not within the class of dangerous articles which render their manufacturer liable to strangers for a defect such as is complained of here. (Jaroniec v. Hasselbarth, Inc., 223 App. Div. 182; Byers v. Flushovalve Co., 160 N. Y. Supp. 1050; affd., 178 App. Div. 894; Hasbrouck v. Armour & Company, 139 Wis. 357; 121 N. W. 157.)

Judgment reversed, with thiity dollars costs, and judgment directed for defendant, with costs.

Lydon and Hammer, JJ., concur; Levy, J., dissents.

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Per Curiam.

We are of the opinion that cigarettes are not within the class of dangerous articles which render their manufacturer liable to strangers for a defect such as is complained of here. (Jaroniec v. Hasselbarth, Inc., 223 App. Div. 182; Byers v. Flushovalve Co., 160 N. Y. Supp. 1050; affd., 178 App. Div. 894; Hasbrouck v. Armour & Company, 139 Wis. 357; 121 N. W. 157.)

Judgment reversed, with thiity dollars costs, and judgment directed for defendant, with costs.

Lydon and Hammer, JJ., concur; Levy, J., dissents.

Block v. Liggett & Myers Tobacco Co., 162 Misc. 325, 296 N.Y.S. 922, 1937 N.Y. Misc. LEXIS 1341 (N.Y. Ct. App. 1937).

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