Collins v. Butler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James Butler, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 14th day of May, 1902. upon the verdict of a jury for $470, and also from an order entered in said clerk’s office on the 14th day of May, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hooker, J.:
The plaintiff was examining goods displayed outside the defendant’s store, and relates what took place as follows: “ I said to a boy who was standing there, ‘ Little boy, let me have those apples, will you ? ’ and he says, ‘ You will have to go inside.’ I went inside of the store and was there about a second when one of the clerks came around to me and I said, Let me have that basket of apples outside, please.’ He went outside and got the apples, brought them in and went by the counter, and I walked up to the counter and laid five cents down. He put half the apples in the bag and…
2Cases cited10 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Palmeri v. Manhattan Railway Co.New York Court of Appeals · 1892
- Mali v. . LordNew York Court of Appeals · 1868
- Ochsenbein v. . ShapleyNew York Court of Appeals · 1881
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3Cited by3 opinions
- Nesbit v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
- Kennedy v. WhiteAppellate Division of the Supreme Court of the State of New York · 1904
- Estes v. Brewster Cigar Co.Washington Supreme Court · 1930