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Weil v. Webendorfer

140 N.Y.S. 1150 Court N.Y. App. Div. Decision date 1913-02-28 English

Contents

Majority

p. 1150
WEIL, Respondent, v. WEBENDORFER, Appellant.
(Supreme Court, Appellate Division, Second Department.
February 28, 1913.)

Headnote

Action by Carl Weil against Henry Webendorfer.

Judgment and order reversed, and new trial granted, costs to abide the event, on the ground of error in the admission of evidence as to the vicious nature of defendant’s horse; the action having been brought for a breach of contract, and not in tort. See Kent v. Standard Oil Co., 138 App. Div. 502 , 122 N. Y. Supp. 1047 .