Haines v. Milbank

New York Court of Appeals

Haines v. Milbank

71 N.E.2d 776, 296 N.Y. 812, 1947 N.Y. LEXIS 1591

DecidedJanuary 16, 1947

StatusPublished

This text of 71 N.E.2d 776 (Haines v. Milbank) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Haines v. Milbank, 71 N.E.2d 776, 296 N.Y. 812, 1947 N.Y. LEXIS 1591 (N.Y. 1947).

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Opinions

Judgment affirmed, with costs; no opinion.

Concur: LOUGHRAN, Ch. J., CONWAY, THACHER and FULD, JJ.; DESMOND and DYE, JJ., dissent in the following memorandum: The judgment should be reversed and a new trial granted. Assuming, without deciding, plaintiff was bound, on the trial of this case, to make out a prima facie showing that the glass came from a particular window in the Chanin Building, we think the testimony justified an inference to that effect. Taking no part, LEWIS, J. *Page 814

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Judgment affirmed, with costs; no opinion.

Concur: LOUGHRAN, Ch. J., CONWAY, THACHER and FULD, JJ.; DESMOND and DYE, JJ., dissent in the following memorandum: The judgment should be reversed and a new trial granted. Assuming, without deciding, plaintiff was bound, on the trial of this case, to make out a prima facie showing that the glass came from a particular window in the Chanin Building, we think the testimony justified an inference to that effect. Taking no part, LEWIS, J. *Page 814

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71 N.E.2d 776, 296 N.Y. 812, 1947 N.Y. LEXIS 1591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haines-v-milbank-ny-1947.