Kirk v. Peerless Camera Stores, Inc. ( 1948 )

Per Curiam.

Plaintiff. delivered the .film to - defendant with the knowledge that a third person wou,ld 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.