Swinarton v. Le Boutillier
New York Court of Common Pleas
Appeal from trial term. Action by Anna E. Swinarton against George Le Boutillier for personal injuries sustained by plaintiff while a customer in defendant’s dry-goods store, plaintiff’s eye being put out by a pin thrown or shot by a cash boy. From a judgment entered on a verdict in favor of plaintiff for $10,000, and from an order denying a motion for a new trial, made on the minutes of the court, defendant appeals. Affirmed.
1Opinion of the CourtPryor, J.
The ground of an action for negligence is the breach of a duty owing by the defendant to the plaintiff. To sustain such action it is incumbent on the plaintiff to show the duty and to prove its breach, with a consequent injury to himself. In the present case, that the plaintiff has suffered injury from the act of which she complains, and that the damages awarded are not an excessive reparation for the wrong, if such there be, are not the subject of controversy. The contention is over the two other elements of actionable negligence; namely, the duty and its breach. These essential facts a…
2Cases cited9 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Beck v. . CarterNew York Court of Appeals · 1877
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
- Carroll v. . Staten Island R.R. Co.New York Court of Appeals · 1874
- Dean v. St. Paul Union Depot Co.Supreme Court of Minnesota · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Henderson v. Nolting First Mortgage Corp.Supreme Court of Georgia · 1937
- Hogle v. H. H. Franklin Manufacturing Co.New York Court of Appeals · 1910
- Brittingham v. . StadiemSupreme Court of North Carolina · 1909
- Fleming v. BronfinDistrict of Columbia Court of Appeals · 1951
- Waldo v. Galveston H. & S. A. Ry. Co.Texas Commission of Appeals · 1932
14 more not listed; retrieve them via the Exa API.