Haines v. Milbank

New York Court of Appeals
Haines v. Milbank, 71 N.E.2d 776 (N.Y. 1947)
296 N.Y. 812; 1947 N.Y. LEXIS 1591
Dye

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.

Reference

Full Case Name
Isabel S. Haines, Appellant, v. Albert G. Milbank Et Al., Copartners Practicing Law Under the Firm Name of Milbank, Tweed & Hope, Respondents
Status
Published