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Phillipson v. Gallagher

94 N.Y.S. 1160
CourtAppellate Terms of the Supreme Court of New York
DecidedJune 26, 1905
StatusPublished

This text of 94 N.Y.S. 1160 (Phillipson v. Gallagher) 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
Phillipson v. Gallagher, 94 N.Y.S. 1160 (N.Y. Ct. App. 1905).

Opinion

SCOTT, P. J.

In my opinion the plaintiff failed in sustaining the burden of proof that the break occurred by reason of defendant’s negligence. The proof was at least as convincing that it resulted from a latent defect as it was that it resulted from freezing. The order appealed from should be affirmed, with $10 costs and disbursements.

MacLEAN, J., concurs. DUGRO, J., concurs in result.

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Bluebook (online)
94 N.Y.S. 1160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillipson-v-gallagher-nyappterm-1905.