Howe v. Peckham
New York Supreme Court
Demurrer to complaint. The complaint alledged that the plaintiff was driving a horse, harnessed into the shafts of a one-horse wagon, along a public highway; that the defendant was a short distance behind the plaintiff, driving two horses hitched to a sled, and traveling in the same direction.
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Demurrer to complaint. The complaint alledged that the plaintiff was driving a horse, harnessed into the shafts of a one-horse wagon, along a public highway; that the defendant was a short distance behind the plaintiff, driving two horses hitched to a sled, and traveling in the same direction. That the defendant left his horses carelessly and negligently to travel along the highway without a driver, and that while so left, the defendant’s horses started into a run, and ran over the plaintiff and greatly damaged his person, and also greatly damaged the plaintiff’s horse, wagon and harness, and…
1Opinion of the CourtMason, J.
There is no doubt in my mind that the com- ■ plaint states a good cause of action in case, or what would have been an action upon the case under the former system of pleading and upon the principles of the common law. It is a complaint in which the plaintiff has made the negligence of the defendant the ground of action, and in which the damages, both *657to the plaintiff ’s person and his property are claimed as a consequence of the negligence, or as resulting from the negligence complained of. This was a familiar mode of declaring under our former system, for the rule is well settled by a long…
2Cases cited1 opinion
- Wilson v. SmithNew York Supreme Court · 1833
3Cited by9 opinions
- Vasu v. Kohlers, Inc.Ohio Supreme Court · 1945
- People v. WellsAppellate Division of the Supreme Court of the State of New York · 1900
- United States Fidelity & Guaranty Co. v. New York Railways Co.Appellate Terms of the Supreme Court of New York · 1916
- McInerney v. MainAppellate Division of the Supreme Court of the State of New York · 1903
- Bilikan v. Columbus Railway & Light Co., Court of Common Pleas of Ohio, Franklin County, Civil Division1910
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