New York Court of Appeals, 1947

Haines v. Milbank

Haines v. Milbank
New York Court of Appeals · Decided January 16, 1947 · Dye
71 N.E.2d 776; 296 N.Y. 812; 1947 N.Y. LEXIS 1591 (North Eastern Reporter, Second Series)

Haines v. Milbank

Opinion of the Court

Judgment affirmed, with costs; no opinion.

Concur: Lotjghban, Ch. J., Conway, Thacheb and Ftjld, JJ.;

Opinion of the Court

Judgment affirmed, with costs; no opinion.

Concur: LOUGHRAN, Ch. J., CONWAY, THACHER and FULD, JJ.; DESMOND and DYE, JJ., dissent in the following memorandum: The judgment should be reversed and a new trial granted. Assuming, without deciding, plaintiff was bound, on the trial of this case, to make out a prima facie showing that the glass came from a particular window in the Chanin Building, we think the testimony justified an inference to that effect. Taking no part, LEWIS, J. *Page 814

Dissenting Opinion

Desmond and Dye, JJ.,

dissent in the following memorandum: The judgment should be reversed and a new trial granted. Assuming, without deciding, plaintiff was bound, on the trial of this ease, to make out a prima facie showing that the glass came from a particular window in the Chanin Building, we think the testimony justified an inference to that effect. Taking no part, Lewis, J.

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