Opinion
February 17, 1948.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, KELEHER, J.
Charles F. Kirk, respondent in person.
William Indursky and Jacob Neuthaler for appellant.
Plaintiff delivered the film to defendant with the knowledge that a third person would process it. Under the circumstances defendant cannot be held liable as it exercised due care in selecting the processor.
The judgment should be reversed, with $30 costs, and judgment directed for defendant, with costs.
EDER and HECHT, JJ., concur.
HAMMER, J., I dissent and vote for affirmance.
Judgment reversed, etc.