Remington v. Shultz Bread Co.

Appellate Division of the Supreme Court of New York

Remington v. Shultz Bread Co.

150 N.Y.S. 1108, 165 A.D. 933, 1914 N.Y. App. Div. LEXIS 9070

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

DecidedNovember 27, 1914

StatusPublished

This text of 150 N.Y.S. 1108 (Remington v. Shultz Bread Co.) 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.

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Remington v. Shultz Bread Co., 150 N.Y.S. 1108, 165 A.D. 933, 1914 N.Y. App. Div. LEXIS 9070 (N.Y. Ct. App. 1914).

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Opinion

PER CURIAM.

Judgment and order affirmed, with costs.

BURR, J., dissents, upon the ground that, in view of plaintiff's bill of particulars, which states that the wagon which injured plaintiff was marked “Droste Bakery Wagon No. 2,"’ the charge of the trial justice to the effect that if plaintiff was injured by any wagon of the defendant on the evening in question, even if it was not wagon No. 2, plaintiff was entitled to recover, was erroneous. See, also, 159 App. Div. 924, 144 N. Y. Supp. 1142.

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PER CURIAM.

Judgment and order affirmed, with costs.

BURR, J., dissents, upon the ground that, in view of plaintiff's bill of particulars, which states that the wagon which injured plaintiff was marked “Droste Bakery Wagon No. 2,"’ the charge of the trial justice to the effect that if plaintiff was injured by any wagon of the defendant on the evening in question, even if it was not wagon No. 2, plaintiff was entitled to recover, was erroneous. See, also, 159 App. Div. 924, 144 N. Y. Supp. 1142.

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150 N.Y.S. 1108, 165 A.D. 933, 1914 N.Y. App. Div. LEXIS 9070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/remington-v-shultz-bread-co-nyappdiv-1914.