Widder v. Knaris

Appellate Terms of the Supreme Court of New York

Widder v. Knaris

5 Misc. 2d 914, 70 N.Y.S.2d 100, 1947 N.Y. Misc. LEXIS 1954

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 6, 1947

StatusPublished

This text of 5 Misc. 2d 914 (Widder v. Knaris) 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

Widder v. Knaris, 5 Misc. 2d 914, 70 N.Y.S.2d 100, 1947 N.Y. Misc. LEXIS 1954 (N.Y. Ct. App. 1947).

Pincite

Opinion

Per Curiam.

It was error for the court to refuse to charge that a bailee for hire is not an insurer, and is only required to exercise ordinary care in the preservation of the plaintiff’s property. Also the comment of the court below, made immediately following the refusal to charge as requested, was prejudicial to the defendants.

The judgment should be reversed and new trial ordered, with $30 costs to appellants to abide the event.

Hammer, Shientag and Eder, JJ., concur.

Judgment reversed, etc.

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Per Curiam.

It was error for the court to refuse to charge that a bailee for hire is not an insurer, and is only required to exercise ordinary care in the preservation of the plaintiff’s property. Also the comment of the court below, made immediately following the refusal to charge as requested, was prejudicial to the defendants.

The judgment should be reversed and new trial ordered, with $30 costs to appellants to abide the event.

Hammer, Shientag and Eder, JJ., concur.

Judgment reversed, etc.

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Bluebook (online)

5 Misc. 2d 914, 70 N.Y.S.2d 100, 1947 N.Y. Misc. LEXIS 1954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/widder-v-knaris-nyappterm-1947.