Peterseil v. Wishner
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Wolf Peterseil against Benjamin Wishner. From a judgment in Municipal Court for defendant, plaintiff appeals. Reversed, and new trial ordered.
1Opinion of the CourtCohalan, J.
On the 27th day of December, 1915, the defendant hired for an agreed compensation a horse and wagon from the plaintiff. The horse was a young animal, and was in good condition when intrusted to the defendant. He was driven to the Bronx with a load weighing 2,200 pounds. On the return trip the horse stepped into a hole at 138th street, and was severely injured; nevertheless the defendant continued to drive the animal in a lame and bleeding condition as far as Twenty-Sixth street, where the condition was such that it was unhitched, and finally was led by a boy to the stable of the plaintiff at…
2Cases cited3 opinions
- Collins v. . BennettNew York Court of Appeals · 1871
- Powers v. JughardtAppellate Division of the Supreme Court of the State of New York · 1905
- Selesky v. VollmerAppellate Division of the Supreme Court of the State of New York · 1905