J. Witkin, Inc. v. Louis Dejonge & Co.

Appellate Terms of the Supreme Court of New York

J. Witkin, Inc. v. Louis Dejonge & Co.

123 Misc. 298, 205 N.Y.S. 80, 1924 N.Y. Misc. LEXIS 907

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 3, 1924

StatusPublished

This text of 123 Misc. 298 (J. Witkin, Inc. v. Louis Dejonge & Co.) 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

J. Witkin, Inc. v. Louis Dejonge & Co., 123 Misc. 298, 205 N.Y.S. 80, 1924 N.Y. Misc. LEXIS 907 (N.Y. Ct. App. 1924).

Pincite

Opinion

Per Curiam.

Defendant having introduced undisputed evidence tending to show that it was practically impossible for defendant’s truck to be at the scene of the accident, as testified to by plaintiff’s witnesses, it was reversible error for the court to exclude the corroborative proof offered by defendant in the form of automatic clock stamps on bills of lading showing the exact time defendant’s truck made deliveries to carriers on the evening in question. See Barker v. New York Central Railroad Co., 24 N. Y. 599, 602.

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

All concur; present, Gut, Gavegan and Mitchell, JJ.

Judgment reversed and new trial ordered.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Defendant having introduced undisputed evidence tending to show that it was practically impossible for defendant’s truck to be at the scene of the accident, as testified to by plaintiff’s witnesses, it was reversible error for the court to exclude the corroborative proof offered by defendant in the form of automatic clock stamps on bills of lading showing the exact time defendant’s truck made deliveries to carriers on the evening in question. See Barker v. New York Central Railroad Co., 24 N. Y. 599, 602.

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

All concur; present, Gut, Gavegan and Mitchell, JJ.

Judgment reversed and new trial ordered.

Cite This Page — Counsel Stack

Bluebook (online)

123 Misc. 298, 205 N.Y.S. 80, 1924 N.Y. Misc. LEXIS 907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-witkin-inc-v-louis-dejonge-co-nyappterm-1924.

Opinion

Related

Cite This Page — Counsel Stack