Mitchell v. . Turner
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 8, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict.
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Appeal from, judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 8, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict. This was an action to recover damages from the defendant for wrongfully erecting a tent in the public highway and negligently leaving it there and thereby causing a horse driven by the plaintiff to become so badly frightened as to overturn the wagon, throw the plaintiff out and inflict serious injuries upon his person. The defendant by his answer pleaded a general denial and alleged that…
1Opinion of the CourtVann, J.
On the ninth of June, 1891, about ten o’clock at night, the plaintiff was driving a single horse attached to an open buggy, in an easterly direction, on a' public highway leading from the village of Bedford to the village of Saranac. At a point where the road turns to the north, at nearly a right angle, his buggy was overturned and lie was thrown out with such violence that his leg was broken and other injuries inflicted upon him of a serious character. About two or three rods west of the bend in the road the defendant had caused a large white tent to be erected in the highway, south of the…
2Cases cited2 opinions
- Chapman v. . McCormickNew York Court of Appeals · 1881
- Sterrett v. Third National BankNew York Court of Appeals · 1890
3Cited by6 opinions
- Harrington Bros. v. City of New YorkDistrict Court, S.D. New York · 1931
- Page v. President, Managers & Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Page v. PresidentAppellate Division of the Supreme Court of the State of New York · 1898
- Platt v. . Albany RailwayNew York Court of Appeals · 1902
- McNamara v. McNamaraNew York Supreme Court · 1911
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