Berlin v. Weir
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Thirteenth District. Action by Solomon Berlin against Levi C. Weir, president of the Adams Express Company. From a judgment for defendant, plaintiff appeals. Affirmed.
1Opinion of the CourtBischoff, J.
When the' plaintiff rested, the proof, taken in thé favorable aspect, which was the measure of its sufficiency for the purpose, of a ruling upon motion for a nonsuit, made out a prima facie case of delivery to the defendant of the package in question; but-this same evidence, when weighed with the probabilities, for the purposes of a determination upon the merits, if no other proof was offered for either party, was not necessarily enough to lead to a recovery. The plaintiff’s testimony alone was produced, and was so far infirmed by the probabilities of the case as to have justified the trial…
2Cases cited2 opinions
- Degnario v. SireAppellate Terms of the Supreme Court of New York · 1901
- Egyptian Flag Cigarette Co. v. ComiskyAppellate Terms of the Supreme Court of New York · 1903