Nightengale v. Byron Produce Corp.

Appellate Division of the Supreme Court of New York

Nightengale v. Byron Produce Corp.

233 A.D. 894

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 15, 1931

StatusPublished

This text of 233 A.D. 894 (Nightengale v. Byron Produce Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nightengale v. Byron Produce Corp., 233 A.D. 894 (N.Y. Ct. App. 1931).

Pincite

Opinion

Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that there is insufficient proof (1) that defendant furnished to plaintiff Omolene in such condition that it was likely to poison animals which [895]*895ate it; or (2) that the death of plaintiff's horses was caused by poisonous Omolene. All concur. Present — Sears, P. J., Crouch, Taylor, Edgeomb and Thompson, JJ.

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Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that there is insufficient proof (1) that defendant furnished to plaintiff Omolene in such condition that it was likely to poison animals which [895]*895ate it; or (2) that the death of plaintiff's horses was caused by poisonous Omolene. All concur. Present — Sears, P. J., Crouch, Taylor, Edgeomb and Thompson, JJ.

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Bluebook (online)

233 A.D. 894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nightengale-v-byron-produce-corp-nyappdiv-1931.