Rubenfeld v. Rabiner
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel Rubenfeld, an infant, by Hermann Rubenfeld, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 27th day of January, 1898, upon the verdict of'a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 17th day of January, 1898, denying the plaintiff’s motion for a new trial, made upon the ground…
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Appeal by the plaintiff, Samuel Rubenfeld, an infant, by Hermann Rubenfeld, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 27th day of January, 1898, upon the verdict of'a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 17th day of January, 1898, denying the plaintiff’s motion for a new trial, made upon the ground of surprise, because of .newly-discovered evidence, upon exceptions, because the verdict was contrary to the evidence…
1Opinion of the Court
Barrett, J.:
This action is for personal injuries. The plaintiff in his complaint alleged that the defendants were the owners of a certain horse and wagon, which they used in their business; and that he was run over by this horse and wagon in consequence of the negligence of the defendants’ driver. The defendants in their answer admitted that they were the owners of a certain horse and wagon which they used in their business. They denied all the allegations contained in the 4th paragraph of the complaint with regard to the accident, the' negligence of .their driver and the plaintiff’s…
2Cases cited2 opinions
- Messenger v. Fourth National BankNew York Court of Common Pleas · 1875
- Glendening v. CanaryNew York Court of Common Pleas · 1875
3Cited by3 opinions
- Dixson v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Merritt v. MayfieldAppellate Division of the Supreme Court of the State of New York · 1903
- Suken v. MetcalfeAppellate Terms of the Supreme Court of New York · 1924