Hyperlawhypertext legal database Nightengale v. Byron Produce Corp. 233 A.D. 894

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Nightengale v. Byron Produce Corp.

233 A.D. 894 Court N.Y. App. Div. English

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p. 894
Benoni J. Nightengale, Respondent, v. Byron Produce Corporation, Appellant, Impleaded with Another, Defendant.

Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that there is insufficient proof (1) that defendant furnished to plaintiff Omolene in such condition that it was likely to poison animals which

p. 895
ate it; or (2) that the death of plaintiff's horses was caused by poisonous Omolene. All concur. Present — Sears, P. J., Crouch, Taylor, Edgeomb and Thompson, JJ.