Phillipson v. Gallagher
94 N.Y.S. 1160
Opinion
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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Phillipson v. Gallagher, 94 N.Y.S. 1160 (N.Y. Ct. App. 1905).
94 N.Y.S. 1160 (Phillipson v. Gallagher) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.