Juska v. Hotel Garage Annex, Inc.
Juska v. Hotel Garage Annex, Inc.
179 Misc. 577; 39 N.Y.S.2d 590; 1943 N.Y. Misc. LEXIS 1551
Opinion of the Court
Proof of failure to return part and proof of damage to another part of the bailment delivered to defendant under contract established a prima facie case. As defendant did not show due care and that the failure to return and the damage occurred through a cause beyond its control, the complaint should not have been dismissed.
Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.
All concur. Present — Hammer, Miller and McLaughlin, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.