Zwarichv.Brooklyn Cooperage Company

Appellate Division of the Supreme Court of New York, Second DepartmentNov 1, 1914
165 App. Div. 930 (N.Y. App. Div. 1914)

November, 1914.

The plaintiff did not sustain the burden of proof. The case made out by plaintiff could at best give rise to two equally probable inferences, one of which would exclude liability on the part of defendant. Judgment and order reversed and new trial granted, costs to abide the event. Jenks, P.J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.