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Bessel v. Barrett

195 A.D. 901 Court N.Y. App. Div. English

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p. 901
Isaac Bessel, Respondent, v. William M. Barrett, as President of the Adams Express Company, Appellant.

Judgment and order reversed and new trial granted, costs to abide the event, on the ground that it was the duty of the plaintiff under his contract to water and feed the animals. Adequate facilities were provided for feeding and rest at Jersey City, and plaintiff in the exercise of reasonable care should have known of these facilities, and his failure to exercise such care precludes a recovery. Jenks, P.J., Rich, Putnam, Blackmar and Kelly, JJ., concur.