Opinion
June, 1901.
Holt Duross, for appellant.
J. Martin, for respondent.
The evidence sufficiently establishes a prima facie case. The truck had painted upon it the words, "M. Lichtenstadter, 54th Street and 1st Avenue." It was loaded with what appeared to be flour barrels. Defendant was engaged in the flour business at 986 First avenue, near Fifty-fourth street. The facts established were sufficient to put defendant upon his proof. Doherty v. Lord, 8 Misc. 227; Seaman v. Koehler, 122 N.Y. 646.
Present: SCOTT, P.J., BEACH and FITZGERALD, JJ.
Judgment reversed and new trial ordered, with costs.