Kaiser v. Latimer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry M. Kaiser,, from a judgment of the Supreme' Court in favor of the defendant, entered in the office of the clerk of the county of Kings on ■ the lltli day of March, 1899, upon the dismissal of the complaint by direction of the court - after a trial at the Kings County Trial Term.
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Appeal by the plaintiff, Henry M. Kaiser,, from a judgment of the Supreme' Court in favor of the defendant, entered in the office of the clerk of the county of Kings on ■ the lltli day of March, 1899, upon the dismissal of the complaint by direction of the court - after a trial at the Kings County Trial Term. The goods for which the plaintiff seeks to recover were destroyed by the collapse of the defendant’s warehouse, which occurred while repairs necessitated by a fire were being made.
1Opinion of the Court
Cullen, J.:
This action was brought against the defendant, a warehouseman, for the loss or destruction of certain goods stored with him by the plaintiff. On a previous appeal (9 App. Div. 36) we reversed a judgment obtained by the plaintiff on the ground that the trial court erred in refusing to charge that the burden was on the plaintiff to prove that the goods were lost through the defendant’s neglect. On the second- trial, at the conclusion of the plaintiff’s evidence, the complaint was dismissed. From the judgment entered on that ruling this appeal is taken.
We will assume, for the purpose…
2Cases cited10 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Jaffe v. . HarteauNew York Court of Appeals · 1874
- Cosulich v. Standard Oil Co.New York Court of Appeals · 1890
- Whitlatch v. . Fidelity and Casualty Co.New York Court of Appeals · 1896
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- Wilma Williams v. Kfc National Management CompanyCourt of Appeals for the Second Circuit · 2004
- Wilma Williams v. Kfc National Management CompanyCourt of Appeals for the Second Circuit · 2004
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