Legal Opinion

Smith v. Economical Garage, Inc.

Appellate Terms of the Supreme Court of New York

Decided June 15, 1919PublishedCited by 7 opinions

Appeal by plaintiff from a judgment in favor of the defendant entered in the Municipal Court of the city of New York, borough of Manhattan, fifth district, upon the verdict of a jury.

1Opinion of the CourtFinch, J.

Plaintiff kept his automobile in defendant’s garage under a contract providing that defendant should wash and care for the car, for which plaintiff paid twenty-seven dollars and fifty cents a month. Said garage was a steam-heated garage. Plaintiff had kept his automobile there for about ten years. On December 30, 1917, plaintiff used- his car and returned' it to the garage in" good condition. On January first plaintiff tried to use his car, and found that the water in the cooling system was frozen and that'the'water jacket had burst. To recover the damages' sustained by reason thereof this…

2Cases cited5 opinions

  1. Ouderkirk v. Central National BankNew York Court of Appeals · 1890
  2. Wintringham v. . HayesNew York Court of Appeals · 1894
  3. Wilson v. . Wyckoff, Church PartridgeNew York Court of Appeals · 1911
  4. Wilson v. Wyckoff, Church & PartridgeAppellate Division of the Supreme Court of the State of New York · 1909
  5. Neustadt v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1913

3Cited by7 opinions

  1. Galowitz v. MagnerAppellate Division of the Supreme Court of the State of New York · 1924
  2. Simms v. SullivanOregon Supreme Court · 1921
  3. Marine Ins. Co., Ltd., of London v. RehmLouisiana Court of Appeal · 1937
  4. Burt v. Blackfoot Motor Supply Co.Idaho Supreme Court · 1947
  5. General Exchange Insurance v. Service Parking Grounds, Inc.Michigan Supreme Court · 1931

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