Worster v. Forty-second Street & Grand Street Ferry R. R.
New York Court of Common Pleas
• Appeal from a judgment dismissing the complaint in the Marine Court. The action was brought to recover for the value of a horse injured under the following circumstances : As the plaintiff, a physician, was driving along Houston street, near Bidge street, one of his horses caught his hind foot in a hole in the pavement between the rails of the defendants’ railroad ; the horse was unable to extract his foot from the hole, and the carriage moving forward upon him, the horse…
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• Appeal from a judgment dismissing the complaint in the Marine Court. The action was brought to recover for the value of a horse injured under the following circumstances : As the plaintiff, a physician, was driving along Houston street, near Bidge street, one of his horses caught his hind foot in a hole in the pavement between the rails of the defendants’ railroad ; the horse was unable to extract his foot from the hole, and the carriage moving forward upon him, the horse made a spring, which resulted in tearing off the upper part of thfe hoof, and in injuring his back so that he died. Upon…
1Opinion of the Court
By the Court.*
Larremore, J.
A nonsuit was granted in this case upon the ground that there was no evidence showing that the defendants were aware of the bad condition of the track, nor any evidence showing that the same was in such bad condition, for such a period of time as would imply that the defendants must, of necessity, have been aware of the fact.
The plaintiff swore that “ the horse caught her hind-off foot in the railroad track,” that is, the right track inside the first rail. The foot went down into a hole about six inches deep, just deep enough and narrow enough to catch the horse’s…
2Cases cited1 opinion
- Fash v. Third Avenue RailroadNew York Court of Common Pleas · 1861
3Cited by1 opinion
- Conroy v. Twenty-third Street RailroadNew York Court of Common Pleas · 1875