Empire State Garage v. Carroll

Appellate Terms of the Supreme Court of New York

Empire State Garage v. Carroll

120 N.Y.S. 41

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 22, 1909

StatusPublished

This text of 120 N.Y.S. 41 (Empire State Garage v. Carroll) 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

Empire State Garage v. Carroll, 120 N.Y.S. 41 (N.Y. Ct. App. 1909).

Pincite

Opinion

PER CURIAM.

The pleadings were oral. The complaint was for “storage, work, labor, and services and materials furnished.” The answer was a general denial. The storage pleaded referred to storage of an automobile. Upon the trial the defendant was allowed, against the plaintiff’s objection that it was not pleaded, to prove the loss and value of a spare tire attached to the side of his car, which loss he claimed occurred while the car was in the plaintiff’s care in the garage. The admission of such evidence was clearly erroneous.

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

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PER CURIAM.

The pleadings were oral. The complaint was for “storage, work, labor, and services and materials furnished.” The answer was a general denial. The storage pleaded referred to storage of an automobile. Upon the trial the defendant was allowed, against the plaintiff’s objection that it was not pleaded, to prove the loss and value of a spare tire attached to the side of his car, which loss he claimed occurred while the car was in the plaintiff’s care in the garage. The admission of such evidence was clearly erroneous.

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

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Bluebook (online)

120 N.Y.S. 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/empire-state-garage-v-carroll-nyappterm-1909.