Burns v. Borden's Condensed Milk Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Borden’s Condensed Milk Company, from a judgment of the. Municipal Court of the city of New York, borough of Queens, in favor of the plaintiff, entered on the 30th day of December, 1903.
1Opinion of the Court
Willard Bartlett, J. :
The plaintiff was a physician engaged in making professional visits. Arriving at the residence of a patient he left his horse and wagon in the street and entered the house. Upon his return to the "street about ten minutes later he found that his buggy had been overturned and was lying on its side with one of the hind wheels crushed. A wagon bearing the sign “Borden’s Condensed Milk” ■ was standing near by, and a person who said he was the driver told him that this vehicle was a Borden’s condensed milk wagon and that he, the driver, had smashed the plaintiffis wagon —…
2Cases cited3 opinions
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Butler v. Manhattan Railway Co.New York Court of Appeals · 1894
- Brand v. Borden's Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by8 opinions
- Schner v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1955
- Burke v. Borden's Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Menkelunas v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1946
- Wagner v. H. Clausen & Son Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Wolfe v. Madison Avenue Coach Co.Appellate Terms of the Supreme Court of New York · 1939
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