Brand v. Borden's Condensed Milk Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Conrad Brand, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the defendant, entered in the office of the clerk of said court on the 26th day of March, 1904, upon the decision of the court rendered after a trial before the court without a jury.
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Appeal by the plaintiff, Conrad Brand, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the defendant, entered in the office of the clerk of said court on the 26th day of March, 1904, upon the decision of the court rendered after a trial before the court without a jury. The action was brought to recover for the loss of the services of the plaintiff’s infant daughter who, while riding in a street car, was injured in consequence of a collision between the car and a horse and wagon alleged to belong to the defendant.
1Opinion of the Court
Hirschberg, P. J.:
The decision was against the evidence. No witnesses were called by the defendant to testify as to the accident, and the evidence for the plaintiff was substantially the same as on the first trial which resulted in a dismissal of the complaint, the judgment then entered being afterwards reversed on appeal. (See Brand v. Borden's Condensed Milk Co., 89 App. Div. 188.) Referring to the evidence then adduced on behalf of the plaintiff, Mr. Justice Bartlett said (p. 190): “ In my opinion the proof was ample to warrant a finding that a horse and wagon belonging to the defendant,…
2Cases cited1 opinion
- Brand v. Borden's Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1903