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116 N.Y.S. 659

Kann v. Cooper

Appellate Terms of the Supreme Court of New York · decided 1909-05-07

Action by George E. Kann and another, doing business under the name of G. E. Kann & Co., against Michael Cooper. From a judgment for plaintiffs, defendant appeals.

Reversed · Decided 1909-05-07

PER CURIAM.

¶1Action to recover $20 damages caused by water from defendant’s premises, viz., a loft over that of plaintiffs. The evidence offered by plaintiff, not only failed to show defendant’s negligence, but did not overcome defendant’s proof that the water complained of came from a loft above that occupied by defendant. The *660damages awarded were not established by anything more than the "say-so of the witnesses.

¶2Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

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