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Unexcelled Fireworks Co. v. Collins

1 N.Y. St. Rep. 762 Court N.Y. Gen. Term English

Contents

Majority

p. 762
UNEXCELLED FIREWORKS CO. v. JOSEPH H. COLLINS.

Headnote

Appeal from judgment entered on verdict.
Bascall & Bosebault, for plaintiff.
A., L. Sire, for defendant.

The complaint contained all the averments that the proof given upon the trial tended to establish. There was no variance and no difference in the evidence from the case as it wras presented by the complaint, and as the evidence established the defendant’s liability the court was right in directing a verdict against him, and the judgment must be affirmed.