Murphy v. . Orr
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court, in the third judicial department, entered upon an order * which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by defendants’ negligence.
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Appeal from judgment of the G-eneral Term of the Supreme Court, in the third judicial department, entered upon an order * which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by defendants’ negligence. Plaintiff, an infant between three and four years old, while crossing Twenty-fourth street in the city of Flew York on the crosswalk at the intersection of that street with First avenue, was, according to plaintiff’s evidence, knocked down by one of the horses of a team attached to a truck…
1Opinion of the CourtDahforth, J.
Whoever drives horses along the streets of a city is bound to anticipate that travelers on foot may be at the crossing, and must take reasonable care not to injure them. He is negligent, whenever he fails to look out for them, or when he sees, and does not so far as is in his power avoid them. There was evidence in this case fairly leading to either of these conclusions in regard to the driver’s conduct. The day was clear and bright, the street was unobstructed, the horses, quietly moving on a walk, were completely under his control, and from his elevated seat he could, as is conceded, •“ see…
2Cases cited1 opinion
- Barker v. . SavageNew York Court of Appeals · 1871
3Cited by32 opinions
- Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
- Moebus v. . HerrmannNew York Court of Appeals · 1888
- Stringer v. FrostIndiana Supreme Court · 1889
- Day v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1943
- Mallard v. Ninth Ave. R. Co.New York Court of Common Pleas · 1889
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