Center v. Finney
New York Supreme Court
This was an action to recover damages against the defendant; for running against the plaintiff’s'w^gon, and thereby damaging the same, and causing injury to the plaintiff’s person. The plaintiff in his complaint demanded damages to the amount of $2000. The cause was brought to trial in October, 1851, before" Justice Cady, at the Washington circuit.
Read the full summary
This was an action to recover damages against the defendant; for running against the plaintiff’s'w^gon, and thereby damaging the same, and causing injury to the plaintiff’s person. The plaintiff in his complaint demanded damages to the amount of $2000. The cause was brought to trial in October, 1851, before" Justice Cady, at the Washington circuit. The plaintiff proved that in ISTovember, 1851, the plaintiff was driving two horses, attached to a wagon, in the public highway, at the rate of about five miles an hour, when the defendant came tip behind him, in a single wagon, driving one horse;…
1Opinion of the Court
By the Court, Hand, J.
One of my associates has passed upon this cause at the circuit, and the other at special term, on a motion for a new trial, and I concur with them in denying it. There was evidence for the consideration of the jury, and consequently the nonsuit was properly denied. But the defendant complains that the judge refused to charge the jury that if the plaintiff, by his manner of driving his own team had so irritated the defendant’s horse that he had become uncontrollable, he was not entitled to recover. The judge refused so to charge, because he thought there was not evidence…
2Cases cited6 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- McArthur v. SearsNew York Supreme Court · 1839
- Rathbun & West v. PayneNew York Supreme Court · 1838
- Spencer v. Utica & Schenectady Raid-RoadNew York Supreme Court · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Losee v. . BuchananNew York Court of Appeals · 1873
- Ginnon v. New York & Harlem RailroadThe Superior Court of New York City · 1864
- Center v. FinneNew York Court of Appeals · 1853
- Cook v. PotterCircuit Court of the 9th Circuit of Michigan · 1871
- Ring v. City of CohoesNew York Supreme Court · 1878