Legal Opinion · Dissent
Curley v. Ruppert
Appellate Terms of the Supreme Court of New York
Decided November 14, 1946Published
1DissentMcLaughlin, J.
After the defendant delivered five cases of bottled beer to the grocery store in which plaintiff was emplo37ed, these cases remained in the store for three days at which time the plaintiff proceeded to transfer the bottles to a refrigerator, and while occupied in so doing, one of the bottles exploded and injured him. There wras testimony to the effect that during the three-day period these bottles had remained in the back of the store, where defendant’s driver had placed them, and that they had not been touched by anyone.
On the evidence in this case the judgment should be reversed. The law…
2Cases cited12 opinions
- Losee v. . BuchananNew York Court of Appeals · 1873
- Smith v. Peerless Glass Co.New York Court of Appeals · 1932
- Slater v. BarnesNew York Court of Appeals · 1925
- Petry v. PetryAppellate Division of the Supreme Court of the State of New York · 1919
- Reiss v. New York Steam Co.New York Court of Appeals · 1891
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