Aitken v. Bernheimer

Appellate Terms of the Supreme Court of New York

Aitken v. Bernheimer

33 Misc. 745, 67 N.Y.S. 156

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 15, 1900

StatusPublished

This text of 33 Misc. 745 (Aitken v. Bernheimer) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aitken v. Bernheimer, 33 Misc. 745, 67 N.Y.S. 156 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

This judgment must be reversed. The presence of the defendants’ name on the wagon that caused the injury to the plaintiffs was prima facie evidence that it was owned by the defendants and was in their service, at the time of the accident.

[746]*746The evidence shows that the accident happened through the negligence of the defendants and without any negligence on the part of the plaintiffs.

Present: Trttax, P. J., Scott and Dugro, JJ.

Judgment reversed, and new trial ordered, with costs to appellants to abide event.

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Per Curiam.

This judgment must be reversed. The presence of the defendants’ name on the wagon that caused the injury to the plaintiffs was prima facie evidence that it was owned by the defendants and was in their service, at the time of the accident.

[746]*746The evidence shows that the accident happened through the negligence of the defendants and without any negligence on the part of the plaintiffs.

Present: Trttax, P. J., Scott and Dugro, JJ.

Judgment reversed, and new trial ordered, with costs to appellants to abide event.

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Bluebook (online)

33 Misc. 745, 67 N.Y.S. 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aitken-v-bernheimer-nyappterm-1900.