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Zwarich v. Brooklyn Cooperage Co.

150 N.Y.S. 1119 Court N.Y. App. Div. Decision date 1914-11-13 English

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p. 1119
ZWARICH, Respondent, v. BROOKLYN COOPERAGE CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
November 13, 1914.)

Headnote

Action by Michael Zwarich, an infant, by Parama Zwarich, his guardian ad litem, against the Brooklyn Cooperage Company.

The plaintiff did not sustain the burden of proof. The case made out by plaintiff could at best give rise to two equally probable inferences, one of which would exclude liability on the part of defendant. Judgment and order reversed, and new trial granted; costs to abide the event.