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Gallison v. Wright & Cobb Lighterage Co.

92 N.Y.S. 1125 Court N.Y. App. Term Decision date 1905-03-03 English

Delivered by SCOTT, J.

Contents

Majority

p. 1125
GALLISON et al., Respondents, v. WRIGHT & COBB LIGHTERAGE CO., Appellants.
(Supreme Court, Appellate Term.
March 3, 1905.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, First District. Action by Forrest W. Gallison and another, individually and as surviving partners of F. W. Jarvis & Co., against the Wright & Cobb Lighterage _ Company. From a judgment in favor of plaintiffs, after a trial before the court without a jury, the defendant appeals. Reversed. Albert A. Wray (Walter W. Hay of counsel), for appellants. Alfred T. Davison, for respondents.

There is absolutely no competent evidence in the case showing that there was any shortage. The judgment should be reversed, and a new trial granted, with costs to appellants to abide the event.