Ballston Refrigerating Storage Co. v. Eastern States Refrigerating Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Eastern States Refrigerating Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 14th day of July, 1910, upon the report of a referee. The plaintiff, in October,' 1907, stored with the defendant company, at its cold storage warehouses in Albany and in Jersey City, a quantity of apples.
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Appeal by the defendant, the Eastern States Refrigerating Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 14th day of July, 1910, upon the report of a referee. The plaintiff, in October,' 1907, stored with the defendant company, at its cold storage warehouses in Albany and in Jersey City, a quantity of apples. "When the apples were removed in the fore part of April, 1908,. the plaintiff claims they were scalded, discolored; damp and iii- a damaged condition-, and seeks to recovér the damage caused…
1Opinion of the Court
Kellogg, J.:
The findings establish, upon sufficient évidence, that the apples when teceived in storage in October were fancy No. 1 f ruit in good and sound condition, and when examined in February were in sound and proper condition; that when removed the fore part of April they were scalded, discolored, damp and in a damaged condition, which damaged condition was produced between February and April; that the necessary temperature for the preservation of apples is from thirty-one to thirty-two degrees Fahrenheit, uniformly maintained ; that such temperature was not maintained, but defendant…
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