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,…
1ConcurrenceBischoff, J.
I concur. That we cannot inquire into the weight of the evidence upon this motion, see Sheridan v. Mayor, etc. (Com. Pl.) 33 N. Y. Supp. 71; and that for the negligence of a servant, resulting in injury to another, both master and servant may be held answerable, see Mayer v. Building Co. (Ala.) 16 South. 620; Peck v. Cooper, 54 Am. Rep. 231; Wright v. Wilcox, 19 Wend. 343; Montfort v. Hughes, 3 E. D. Smith, 591; Phelps v. Wait, 30 N. Y. 78; Suydam v. Moore, 8 Barb. 358.
2Cases cited4 opinions
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Phelps v. . WaitNew York Court of Appeals · 1864
- Suydam v. MooreNew York Supreme Court · 1850
- Sheridan v. Mayor of New YorkNew York Court of Common Pleas · 1895