Lawlor v. French
New York Court of Common Pleas
Action by Kate Lawlor, as administratrix, against Thomas Henry French, to recover damages for the wrongful death of plaintiff’s intestate. There was a verdict in favor of plaintiff, and defendant moves for a new trial on exceptions ordered to be heard at general term in the first instance. Denied. In the exhibition of the “Prodigal Daughter” play, a number of horses took part. From one of them, plaintiffs intestate received a kick, which it is alleged, killed him.
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Action by Kate Lawlor, as administratrix, against Thomas Henry French, to recover damages for the wrongful death of plaintiff’s intestate. There was a verdict in favor of plaintiff, and defendant moves for a new trial on exceptions ordered to be heard at general term in the first instance. Denied. In the exhibition of the “Prodigal Daughter” play, a number of horses took part. From one of them, plaintiffs intestate received a kick, which it is alleged, killed him. The play was produced by the American Theatre Company, a corporation, but defendant was its president and manager; as such,…
1Opinion of the CourtPryor, J.
In an action for damages from the death of plaintiff’s intestate by the kick of a horse, the defendant contends that the evidence was insufficient to authorize the inference either that the kick was the cause of the death, or that the horse was vicious, or, if vicious, that the defendant was aware of the fact, or that the defendant was responsible for the act of the horse, or that the. injury was not the effect of the intestate’s contributory negligence. But by what authority may we pass upon these questions? As appellant states in his points, the motion is for a new trial upon exceptions…
2Cases cited11 opinions
- Head v. HargraveSupreme Court of the United States · 1882
- Chenango Bridge Co. v. . PaigeNew York Court of Appeals · 1880
- Greenberg v. Whitcomb Lumber Co.Wisconsin Supreme Court · 1895
- Cahoone Barnet Manuf'g Co. v. Rubber & Celluloid Harness Co.U.S. Circuit Court for the District of New Jersey · 1891
- Martin v. PlattNew York Supreme Court · 1889
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3Cited by2 opinions
- Washburn-Crosby Co. v. CookIndiana Court of Appeals · 1918
- Guyon v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1906