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Korngut v. Nassau Newspaper Delivery Express Co.

140 N.Y.S. 1126 Court N.Y. App. Div. Decision date 1913-02-07 English

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p. 1126
KORNGUT v. NASSAU NEWSPAPER DELIVERY EXPRESS CO.
(Supreme Court, Appellate Division, First Department.
February 7, 1913.)

Headnote

Appeal from Trial Term, New York County. Action by Samuel Korngut against the Nassau Newspaper Delivery Express Company. From a judgment for plaintiff, and an order denying motion for new trial, defendant appeals. Reversed and remanded. Car] S. Petrasch, of New York City, for appellant. Louis Salant, of New York City, for respondent.

The judgment and order appealed from should be reversed, and a new trial ordered, with costs to the appellant to abide the event, on the ground that there is no evidence to establish the vicious tendency of the horse, and also for error in admitting evidence of a statement of an unidentified person, not shown to have had any knowledge on the subject.