Appellate Division of the Supreme Court of New York, 1914

Remington v. Shults Bread Co.

Remington v. Shults Bread Co.
Appellate Division of the Supreme Court of New York · Decided November 15, 1914
165 A.D. 933
Remington v. Shults Bread Co.

Opinion of the Court

No opinion. Jenks, P. J., Thomas, Carr and Rich, JJ., concurred; Burr, J., dissented upon the ground that, in view of plaintiff’s bill of particulars, which states that the wagon which injured plaintiff was marked “Droste Bakery Wagon No. 2,” the charge of the trial justice to the effect that if plaintiff was injured by any wagon of the defendant on the evening in question, even if it was not wagon No. 2, plaintiff was entitled to recover, was erroneous.

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