Paper Trucking Co. v. Russo

Rugg, C.J.,

This is an action of tort to recover compensation for property damage alleged to have been sustained by the plaintiff through the negligence of the defendant in the operation of an automobile. It comes before us on the plaintiff’s appeal from an order of the Appellate Division denying its petition to establish report. The petition sets out, in substance, that the parties at the time of trial submitted the case upon an “Agreed Statement of' Facts,” which was in truth a case stated; that the case was taken under advisement, and, before a finding was made, motion by the defendant that…