Rubein v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff rendered on the 16th day of November, 1900, upon the decision of the court.
1Opinion of the Court
Jenks, J.:
This is an appeal from a judgment of the Municipal Court for the plaintiff, in an action for negligence tried without a jury. The plaintiff complained that while his horse was lawfully upon a public highway in the borough of Brooklyn, which was crossed by the defendant’s track, the defendant negligently and carelessly ran one of its cars, at a high rate of speed, into the horse and killed him. The plaintiff went into his yard to water his horse, the plaintiff and his son attempted to hitch the horse, but he jumped or dragged away, went over the fields, then down Second street to…
2Cases cited4 opinions
- Frear v. . SweetNew York Court of Appeals · 1890
- Connolly v. Central Vermont RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Howell v. Grand Trunk Railway Co.of CanadaNew York Supreme Court · 1895
- Dayton v. New York, L. E. & W. R.New York Supreme Court · 1894