Appellate Terms of the Supreme Court of New York, 1901

Cahill v. Lichtenstadter

Cahill v. Lichtenstadter
Appellate Terms of the Supreme Court of New York · Decided June 15, 1901
35 Misc. 833; 72 N.Y.S. 1096

Counsel

Holt & Duross, for appellant., J. Martin, for respondent.

Cahill v. Lichtenstadter

Opinion of the Court

Per Curiam.

The evidence sufficiently establishes a prima facie case. The truck had painted upon it the words, “ M. Lichtenstadter, 54th Street and 1st Avenue.” It was loaded with what appeared to be flour barrels. Defendant was engaged in the flour business at 986 First avenue, near Fifty-fourth street. The facts established were sufficient to- put defendant upon his proof. Doherty v. Lord, 8 Misc. Rep. 227; Seaman v. Koehler, 122 N. Y. 646.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment reversed and new trial ordered, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.