PACUN v. RY. EXPRESS AGENCY


3 Misc.2d 598 (1955)

Eugene L. Pacun, Respondent, v. Railway Express Agency, Appellant.

Supreme Court, Appellate Term, First Department.

October 20, 1955.


Attorney(s) appearing for the Case

Marcus M. Curry and James V. Lione for appellant.

Eugene L. Pacun, respondent in person.

EDER and SCHREIBER, JJ., concur in Per Curiam memorandum; HOFSTADTER, J., dissents in opinion.


Per Curiam.

There is nothing in the record to establish that the glassware was not already broken at the time it was delivered to defendant for shipment to New York City. "Substantial justice has not been done between the parties" (N. Y. City Mun. Ct. Code, § 185).

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

HOFSTADTER, J...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases