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Mack v. John Single Paper Co.

72 N.Y.S. 1117 Court N.Y. App. Div. Decision date 1901-10-08 English

Contents

Majority

p. 1117
MACK et al., Respondents, v. JOHN SINGLE PAPER CO., Limited. Appellant.
(Supreme Court, Appellate Division, Fourth De
p. 1118
partment.
October 8, 1901.)

Headnote

Action by James L. Mack and another against the John Single Paper Company, Limited.

Judgment and order affirmed, with, costs. All concur, except McLENNAN, J., who dissents upon the ground that the boiler, which concededly had a hole in one of the flues, which had been plugged, was not “sound in every respect” as guarantied by the plaintiff.

RUMSEY, J., not sitting.