Rosenberg v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central Railroad Company, from a judgment of the County Court of Orange county, entered in the office of the clerk of said county on the 29th day of January, 1917, upon the verdict of a jury for $100, and also from an order entered in said clerk’s office on the 1st day of February, 1917, denying its motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
The plaintiff gained a verdict against a common carrier for the value of a horse. When the horse was in transit and quite far from the place for delivery, it was killed by a veterinarian who had been called in by the defendant. The veterinarian testified that he concluded that the horse was fatally ill, would die within a few hours, and that the killing was to end suffering. He testified that he thus acted upon his own responsibility.
I think that the verdict rests upon a mistaken ground of liability, for the court told the jury, without protest by the plaintiff, that there was no…
2Cases cited4 opinions
- Laubheim v. De Koninglyke Nederlandsche Stoomboot MaatschappyNew York Court of Appeals · 1887
- Gillett v. Trustees of Village of KinderhookNew York Supreme Court · 1894
- Gowdey v. RobbinsAppellate Division of the Supreme Court of the State of New York · 1896
- Smith v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Stage v. Michigan Central RailroadAppellate Division of the Supreme Court of the State of New York · 1922
- Barry v. MerrimanAppellate Division of the Supreme Court of the State of New York · 1926