Kann v. Cooper

Appellate Terms of the Supreme Court of New York

Kann v. Cooper

116 N.Y.S. 659

Appellate Terms of the Supreme Court of New York·Decided May 7, 1909·Published

Opinion

PER CURIAM.

Action to recover $20 damages caused by water from defendant’s premises, viz., a loft over that of plaintiffs. The evidence offered by plaintiff, not only failed to show defendant’s negligence, but did not overcome defendant’s proof that the water complained of came from a loft above that occupied by defendant. The [660]*660damages awarded were not established by anything more than the "say-so of the witnesses.

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

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PER CURIAM.

Action to recover $20 damages caused by water from defendant’s premises, viz., a loft over that of plaintiffs. The evidence offered by plaintiff, not only failed to show defendant’s negligence, but did not overcome defendant’s proof that the water complained of came from a loft above that occupied by defendant. The [660]*660damages awarded were not established by anything more than the "say-so of the witnesses.

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

Kann v. Cooper, 116 N.Y.S. 659 (N.Y. Ct. App. 1909).

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