Appellate Division of the Supreme Court of the State of New York November 12, 1913 (Smidt v. Buffalo Cold Storage Co.)

lead-opinion

Merrell, J.:

This action is brought by the plaintiff to recover of the defendant damages which he claims to have sustained by reason of defendant’s negligence. The action has twice been tried, the first trial resulting in a verdict in favor of plaintiff for the sum of $6,500. Judgment thereon was reversed on appeal to this court and a- new trial ordered. (149 App. Div. 934.