Hoffart v. Town of West Turin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Town of West Turin, from a judg ment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Lewis on the 17th day of April, 1903, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 15th day of April, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hiscock, J.:
This action was brought to recover damages alleged to have been sustained by plaintiff in September, 1901, through being thrown out of his wagon as he was driving upon a highway in the defendant town, and which accident resulted, as claimed, through his horse becoming frightened at a pile of wood upon the side of the highway and running away.
We think that the evidence taken in its entirety was not sufficient to charge defendant with liability, and that, therefore, the judgment should be reversed.
Upon the occasion in question plaintiff was driving a single horse hitched to a buggy…
2Cited by3 opinions
- Caillier v. New Orleans Ry. & Light Co.Louisiana Court of Appeal · 1921
- Sweet v. StateNew York Court of Claims · 1949
- Sweet v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1906