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Remington v. Shultz Bread Co.

150 N.Y.S. 1108 Court N.Y. App. Div. Decision date 1914-11-27 English

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p. 1108
REMINGTON, Respondent, v. SHULTZ BREAD CO., Appellant.
(Supreme Court, Appellate Division Second Department.
November 27, 1914.)

Headnote

Action by Emory B. Remington against the Shultz Bread Company.

Judgment and order affirmed, with costs.

BURR, J., dissents, upon the ground that, in view of plaintiff's bill of particulars, which states that the wagon which injured plaintiff was marked “Droste Bakery Wagon No. 2,"’ the charge of the trial justice to the effect that if plaintiff was injured by any wagon of the defendant on the evening in question, even if it was not wagon No. 2, plaintiff was entitled to recover, was erroneous. See, also, 159 App. Div. 924 , 144 N. Y. Supp. 1142 .