Kreiwaitis v. New York Canners, Inc.

Appellate Division of the Supreme Court of New York

Kreiwaitis v. New York Canners, Inc.

199 A.D. 909

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1921·Published·Cited by 1 cases

Opinion

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, the fair meaning of the court’s charge was that the plaintiff could recover unless there had been a general frost [910] in the locality of his farm, which had injured his tomatoes. We think such charge placed too narrow a construction on the contract in question. The question which should have been submitted to the jury was whether or not, there had been a general frost which had injured tomatoes generally in the community from which the defendant received tomatoes for its factory. All concur.

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Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, the fair meaning of the court’s charge was that the plaintiff could recover unless there had been a general frost [910] in the locality of his farm, which had injured his tomatoes. We think such charge placed too narrow a construction on the contract in question. The question which should have been submitted to the jury was whether or not, there had been a general frost which had injured tomatoes generally in the community from which the defendant received tomatoes for its factory. All concur.

Kreiwaitis v. New York Canners, Inc., 199 A.D. 909 (N.Y. Ct. App. 1921).

Pincite

199 A.D. 909 (Kreiwaitis v. New York Canners, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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