Hyperlawhypertext legal database American Mettle Co. v. Exposition Carting Co. 79 N.Y.S. 1125

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American Mettle Co. v. Exposition Carting Co.

79 N.Y.S. 1125 Court N.Y. App. Div. Decision date 1902-12-18 English

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p. 1125
AMERICAN METTLE CO., Appellant, v. EXPOSITION CARTING CO., Respondent.
(Supreme Court, Appellate Division, Fourth Department.
December 18, 1902.)

Headnote

Action by the American Mettle Company against the Exposition Carting Company.

Judgment of special term and municipal court reversed, and new trial ordered, with costs to the appellant to abide event. Held, that in view of the rule laid down by the court of appeals in the case of McDonald v. Railway Co., 167 N. Y. 66 , 60 N. E. 282 , there was sufficient evidence of the defendant’s responsibility for the loss of the plaintiff’s property to put the defendant to its proof.

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