Cirello v. Metropolitan Express Co.

It is difficult to escape the conclusion that this is a manufactured case, so far as concerns fhdng the liability for the accident upon defendant. The witnesses fpr the plaintiff agree only in the constant reiteration that it was a yellow wagon which upset the tar, and that it bore the words “Metropolitan Express Company.” Some of the evidence introduced to explain how the witnesses are so sure of the name is so improbable as to overreach itself. For instance, the banker to whom an express package was delivered said that he looked out of the window to see if the wagon bore the same name as…