Sachs v. Borden's Condensed Milk Co.

Appellate Terms of the Supreme Court of New York

Sachs v. Borden's Condensed Milk Co.

125 N.Y.S. 482

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 11, 1910

StatusPublished

This text of 125 N.Y.S. 482 (Sachs v. Borden's Condensed Milk Co.) 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.

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Sachs v. Borden's Condensed Milk Co., 125 N.Y.S. 482 (N.Y. Ct. App. 1910).

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Opinion

BIJUR, J.

Plaintiff sues for damage done to his wagon by á wagon of the defendant, negligently driven by one of its employés. Assuming that there is evidence on which the court could! find that the accident was caused by the negligence of the defendant, and that the plaintiff [483]*483was free from contributory negligence, there is no competent evidence of damage, and that which was given was all duly excepted to. Plaintiff’s witness, on this point, stated that he had purchased four vans, two of them four years ago, one of which was secondhand, and that the wagon damaged in the case at bar was worth $850 before the accident andl $500 after the accident.' Such testimony is manifestly fanciful and speculative. Mendleson v. Van Rensselaer, 118 App. Div. 516, 103 N. Y. Supp. 578.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.

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BIJUR, J.

Plaintiff sues for damage done to his wagon by á wagon of the defendant, negligently driven by one of its employés. Assuming that there is evidence on which the court could! find that the accident was caused by the negligence of the defendant, and that the plaintiff [483]*483was free from contributory negligence, there is no competent evidence of damage, and that which was given was all duly excepted to. Plaintiff’s witness, on this point, stated that he had purchased four vans, two of them four years ago, one of which was secondhand, and that the wagon damaged in the case at bar was worth $850 before the accident andl $500 after the accident.' Such testimony is manifestly fanciful and speculative. Mendleson v. Van Rensselaer, 118 App. Div. 516, 103 N. Y. Supp. 578.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.

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125 N.Y.S. 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sachs-v-bordens-condensed-milk-co-nyappterm-1910.

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