Bistany v. Fargo — 139 N.Y.S. 1117

Majority

p. 1117

BISTANY, Respondent, v. FARGO, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

January 8, 1913.)

Headnote

Action by 'Khalil A. Bistany against James C. Fargo, as president of the American Express Company.

Judgment and order reversed, and new trial granted, with costs to the appellant to abide event, unless the plaintiff shall within 20 days stipulate to reduce the verdict to the sum of $897, with interest thereon from the 15th day of July, 1908, in which event the judgment is modified accordingly, and, as so modified, is, together with the order, affirmed, without costs of this appeal to either party. Hold, that there was no sufficient evidence to warrant the submission to the jury of the Question of defendant’s liability in respect to the three unbroken barrels. See, also, 149 App. Div. 929 , 134 N. Y. Supp. 207 .

KRUSE, J., dissents, and votes for reversal.