Hyperlawhypertext legal database Danishefsky v. Borden's Condensed Milk Co. 160 N.Y.S. 1128

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Danishefsky v. Borden's Condensed Milk Co.

160 N.Y.S. 1128 Court N.Y. App. Div. Decision date 1916-10-20 English

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p. 1128
Abie DANISHEFSKY, an infant, etc., Respondent, v. BORDEN’S CONDENSED MILK COMPANY, Appellant.
(Supreme Court, Appellate Division, First Department.
October 20, 1916.)

Headnote

Appeal from Trial Term, New York County. Action by Abie Danishefsky, an infant, against Borden’s Condensed Milk Company. From a judgment for plaintiff, and from an order denying a motion for new trial, and denying a motion to dismiss the complaint, defendant appeals. Reversed, and complaint dismissed.

We are of opinion that upon the evidence no negligence was shown on the part of the defendant’s driver. The judgment and order appealed from are therefore reversed, with costs, and the complaint dismissed, with costs. Order filed.