Appellate Terms of the Supreme Court of New York, 1905

Berliner v. Wiener

Berliner v. Wiener
Appellate Terms of the Supreme Court of New York · Decided November 29, 1905
95 N.Y.S. 1114 (New York Supplement)

Counsel

Samuel O. Steinhardt, for appellant., Manheim & Manheim, for respondent.

Berliner v. Wiener

Opinion of the Court

PER CURIAM.

The evidence of the two principals respecting the terms of the hiring, for damages upon the alleged breach of which this action is brought, is flatly contradictory; but the evidence of the employer is so measurably corroborated by other witnesses, by the application for employment signed by the plaintiff himself, and by circumstances that it seems proper to reverse the judgment as contrary to the weight of evidence. Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event.

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