Herzig v. New York Cold Storage Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York Cold Storage Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the -office of tire clerk of the county of Queens on the 4th day of December, 1905, upon the verdict of a jury for $3,213.71, and also from an order entered in said clerk’s office on the 28th day of November, 1905, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J. •:
The objections urged to. the judgment in this case seem to us fanciful rather than real, the case having been apparently tried with care and with a conscientious endeavor to get at the facts. The plaintiff, as surviving partner of the firm of Herzig Brothers, brings this action to recover the damages alleged to have been sustained by reason of the negligence of the defendant in caring for certain muskrat skins, which were intrusted to it for cold storage. The evidence is sufficient to justify a jury in finding .that,in the spring and early summer of 1903 the plaintiff’s firm…
2Cases cited2 opinions
- Sutherland v. Albany Cold Storage & Warehouse Co.New York Court of Appeals · 1902
- Wilson v. F. C. Linde Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by4 opinions
- Langford v. NevinTexas Supreme Court · 1927
- Van Dyke Productions, Inc. v. Eastman Kodak Co.Appellate Division of the Supreme Court of the State of New York · 1962
- De Koenigsberg v. Brown's Warehouse Corp.New York Supreme Court · 1959
- Ballston Refrigerating Storage Co. v. Eastern States Refrigerating Co.Appellate Division of the Supreme Court of the State of New York · 1911