Finley v. Conlan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas Finley, from a judgment of the County Court of. Westchester county, entered in the office of the clerk of said court on the 5th day of December, 1911, upon the dismissal of the complaint. upon the pleadings at the opening of a trial before the court and a -jury.
1Opinion of the Court
Burr, J.:
Plaintiff, while in defendant’s employ, was injured through being kicked by a horse belonging to defendant. When the case was called for, trial a motion was made to dismiss the complaint upon the ground that it did not state facts sufficient to constitute a cause of action. The motion was granted, and plaintiff appeals from the. judgment.
The complaint alleges that defendant, knowing of its condition, furnished to plaintiff for use in his work a horse which was dangerous, unsafe and unfit to be used or driven by reason of a large sore upon its breast, which had been there for upwards…
2Cases cited4 opinions
- McGovern v. FitzpatrickAppellate Division of the Supreme Court of the State of New York · 1911
- McHugh v. MayorAppellate Division of the Supreme Court of the State of New York · 1898
- Mulligan v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Karcher v. Fiss, Doerr & Carroll Horse Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Clark v. BringsSupreme Court of Minnesota · 1969
- Turner v. Richmond & Rappahannock River Railway Co.Court of Appeals of Virginia · 1917