Legal Opinion

Leonard v. Donohoe

New York County Courts

Decided July 23, 1913Published

Appeal from City Court of Albany. Action by Martin A. Leonard against Thomas Donohoe. From a judgment of nonsuit against the plaintiff in.the City Court of Albany, the plaintiff appeals. Reversed, and new trial ordered.

1Opinion of the CourtAddington, J.

This is an appeal by the plaintiff from a judgment of nonsuit in the city court of Albany, N. Y.

The action was brought by the plaintiff to recover damages which he claims he sustained by being kicked by defendant’s, horse, which said horse was being driven by him on the 24th day of October, 1912, when he was in the employment of the defendant, injuring, bruising, and lacerating his leg, to his damage in the sum of $1,000.

At the close of thé plaintiff’s case, defendant' made a motion for a nonsuit. Decision was reserved, and defendant rested. Subsequently the motion for a nonsuit was granted. '

2Cases cited6 opinions

  1. Lawlor v. FrenchAppellate Division of the Supreme Court of the State of New York · 1896
  2. Loomis v. TerryNew York Supreme Court · 1837
  3. McGovern v. FitzpatrickAppellate Division of the Supreme Court of the State of New York · 1911
  4. Talmage v. MillsAppellate Division of the Supreme Court of the State of New York · 1903
  5. O'Connell v. MooneyCity of New York Municipal Court · 1900

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