Widder v. Knaris

Full title: FELIX WIDDER, Respondent, v. LOUIS KNARIS et al., Appellants

Court: Supreme Court, Appellate Term, First Department

Date published: Mar 6, 1947

5 Misc. 2d 914 (N.Y. App. Term 1947)

70 N.Y.S.2d 100

Opinion

March 6, 1947

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, MARIO G. DI PIRRO, J.

James A. Doherty for appellants.

Harry Fass for respondent.

Per Curiam.

It was error for the court to refuse to charge that a bailee for hire is not an insurer, and is only required to exercise ordinary care in the preservation of the plaintiff's property. Also the comment of the court below, made immediately following the refusal to charge as requested, was prejudicial to the defendants.

The judgment should be reversed and new trial ordered, with $30 costs to appellants to abide the event.

HAMMER, SHIENTAG and EDER, JJ., concur.

Judgment reversed, etc.