Barker v. Savage
The Superior Court of New York City
This case was tried before Mr. Justice Jones and a jury. The action was brought to recover damages sustained by the plaintiff by being run over by a horse and cart belonging to defendants. The jury found a verdict for the plaintiff. A motion for a new trial was denied. The defendants appealed from the order refusing a new trial, and also from the judgment. The questions presented to the General Term, and also the facts, are stated seriatim in the opinion of the Court.
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This case was tried before Mr. Justice Jones and a jury. The action was brought to recover damages sustained by the plaintiff by being run over by a horse and cart belonging to defendants. The jury found a verdict for the plaintiff. A motion for a new trial was denied. The defendants appealed from the order refusing a new trial, and also from the judgment. The questions presented to the General Term, and also the facts, are stated seriatim in the opinion of the Court. The Court erred in allowing a witness, who was a policeman, to testify as to what he did with the defendant Gormley after the…
1Opinion of the Court
By the Court:
Barbour, C.J.
The evidence given upon the trial of this action on the part of the plaintiff was sufficient, if credited, to establish the following facts, viz. :
The plaintiff, who was a woman sixty-two year’s of age, lame and walked with a crutch, in attempting to cross one of the streets of this city upon the ordinary street crossing, was knocked down and run over by a horse and cart belonging to the defendants, through the negligence of their driver, whereby her leg was so broken and injured as to render its amputation neces. sary, and to confine her to her bed some five months.…
2Cases cited5 opinions
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Caldwell v. . MurphyNew York Court of Appeals · 1854
- Magee v. Badger & PotterNew York Supreme Court · 1859
- Elton v. MarkhamNew York Supreme Court · 1855
- Cronk v. CanfieldNew York Supreme Court · 1857
3Cited by4 opinions
- Lindsley v. MillerAppellate Division of the Supreme Court of the State of New York · 1896
- United States v. WoodU.S. Circuit Court for the District of Northern New York · 1876
- Adolph v. Central Park, North & East River RailroadThe Superior Court of New York City · 1871
- Belton v. BaxterThe Superior Court of New York City · 1871