Appellate Division of the Supreme Court of New York, 1902

American Mettle Co. v. Exposition Carting Co.

American Mettle Co. v. Exposition Carting Co.
Appellate Division of the Supreme Court of New York · Decided December 18, 1902
79 N.Y.S. 1125 (New York Supplement)
American Mettle Co. v. Exposition Carting Co.

Opinion of the Court

PER CURIAM.

Judgment of special term and municipal court reversed, and new trial ordered, with costs to the appellant to abide event. Held, that in view of the rule laid down by the court of appeals in the case of McDonald v. Railway Co., 167 N. Y. 66, 60 N. E. 282, there was sufficient evidence of the defendant’s responsibility for the loss of the plaintiff’s property to put the defendant to its proof.

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