Cohen v. Koster

I dissent: It is- established by the statement of facts that, notwithstanding the signs- and notices. “ Loaded trucks not allowed in ■stables,” “ Hot responsible for merchandise, left on vehicles,” the practice of leaving loaded trucks at the stable had been permitted by defendant for ten years. It is also established that the defendant’s employees, in the regular course of their duties, unhitched the horse attached to McDonald’s truck containing the merchandise in ■controversy, and put the truck in its usual place in the stable. It is also- established that, the defendant himself on the…