Legal Opinion

Knupfle v. . Knickerbocker Ice Company

New York Court of Appeals

Decided March 15, 1881PublishedCited by 52 opinions

Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 14, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 23 Hun, 159.) This action was brought to recover damages for the death of James Knupfle, plain tiff’s intestate, alleged to have been caused by defendant’s negligence.

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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 14, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 23 Hun, 159.) This action was brought to recover damages for the death of James Knupfle, plain tiff’s intestate, alleged to have been caused by defendant’s negligence. It appeared that the driver of one of defendant’s ice wagons, which was drawn by mules, left them standing upon Atlantic avenue, in the city of Brooklyn, unfastened and unattended, while he went…

1Per curiam

One of the principal questions litigated upon the trial of this action related to the alleged negligence of the driver of the defendant’s team in leaving the horses untied in the street, which, it was claimed, was the cause of the death of the intestate. Among other evidence to establish such negligence, the plaintiff offered and introduced in evidence, against the objection of the defendant, an ordinance of the city of Brooklyn, prohibiting the leaving of any horse or horses attached to a vehicle standing in any street without a person in charge, or without being secured to a tying post. We…

2Cases cited4 opinions

  1. Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
  2. Brown v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
  3. McGrath v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
  4. Jetter v. New York & Harlem RailroadNew York Court of Appeals · 1865

3Cited by52 opinions

  1. Martin v. HerzogNew York Court of Appeals · 1920
  2. City of Rochester v. . CampbellNew York Court of Appeals · 1890
  3. Amberg v. . KinleyNew York Court of Appeals · 1915
  4. Schumer v. CaplinNew York Court of Appeals · 1925
  5. Bott v. PrattSupreme Court of Minnesota · 1885

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