BERGER v. 34TH ST. GARAGE


28 Misc.2d 298 (1955)

Louis Berger et al., Doing Business as J. B. Express Co., Plaintiffs, v. 34th Street Garage, Inc., Defendant.

Supreme Court, Trial Term, New York County.

May 31, 1955


Attorney(s) appearing for the Case

Tell, Cheser, Werner & Breitbart (Charles Werner of counsel), for plaintiffs. Arthur A. Beaudry for defendant.


SAMUEL C. COLEMAN, J.

"This is an action brought by the bailors of a truck, loaded with goods, against the bailee, a garage-keeper for damages resulting from the failure of the garage-keeper to redeliver the merchandise on the truck although the truck itself was redelivered" (Berger v. 34th St. Garage, 274 App. Div. 414).

The jury's verdict has established both the plaintiffs' right to recover and the value of the merchandise in the truck...

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