¶1— Judgment and order reversed and new trial granted, costs to abide the event, on the ground of error in the admission of evidence as to the vicious nature of defendant’s horse, the action having been brought for a breach of contract, and not in tort. (See Kent v. Standard Oil Co., 138 App. Div. 502.) Jenks, P. J., Hirschberg, Thomas, Carr and Rich, JJ., concurred.
155 A.D. 922
Weil v. Webendorfer
Appellate Division of the Supreme Court of the State of New York
Decided February 15, 1913
Appellate Division of the Supreme Court of the State of New York · decided 1913-02-15
Decided 1913-02-15