Battelle v. Mercantile Warehouse Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Mercantile Warehouse Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 29th day of January, 1910, upon the verdict of a jury for $1,216.74, and also from an order entered in said clerk’s office on the 27th day of January, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
This is an action to recover the value of certain goods stored by the plaintiffs with the defendant for hire and which were stolen by burglars. The plaintiffs specified three grounds of negligence: (1) That the defendant failed to employ any watchman ; (2) that it did not maintain a burglar alarm in its’ warehouse; (3) that it did not properly secure the warehouse against forcible entry. It appeared that the defendant did employ a night watchman in com. mon with other merchants and warehousemen in the vicinity of its warehouse; that it was not customary for warehouses to employ any…
2Cases cited1 opinion
- Faucett v. . NicholsNew York Court of Appeals · 1876
3Cited by5 opinions
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- Young v. First Nat. BankTennessee Supreme Court · 1924
- Barad v. Leppert Roos Fur Co.Missouri Court of Appeals · 1969
- Ablon v. HawkerCourt of Criminal Appeals of Texas · 1947
- Pierce v. Village of RavenaAppellate Division of the Supreme Court of the State of New York · 1942