Legal Opinion

Van Houten v. Fleischmann

New York Court of Common Pleas

Decided November 7, 1892PublishedCited by 2 opinions

Appeal from trial term. Action by Walter Van Houten against Charles Fleischmann to recover for personal injuries sustained in a collision with defendant’s horse, caused by the negligence of defendant’s driver. From a judgment entered on a verdict for plaintiff, and from an order denying a motion for a new trial on the minutes, defendant appeals. Affirmed.

1Opinion of the CourtBischoff, J.

As the exceptions taken to the ruling of the trial judge, in the admission of evidence for the plaintiff, objected to on behalf of the defendant, and to his refusal to charge, are not specially urged on this appeal, we refrain from discussing them at length. They have, however, been severally examined, and found to be invalid for the assignment of error. On the trial it was insisted for the defendant that the evidence was insufficient to establish his responsibility for the injuries resulting to the plaintiff from the accident, and two several motions for dismissal of the complaint on that…

2Cases cited25 opinions

  1. Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
  2. Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
  3. Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
  4. Ring v. . City of CohoesNew York Court of Appeals · 1879
  5. Taylor v. . City of YonkersNew York Court of Appeals · 1887

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3Cited by2 opinions

  1. Sheridan v. Mayor of New YorkNew York Court of Common Pleas · 1895
  2. Weinstock v. StateNew York Court of Claims · 1927

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