Nichols v. Balch
The Superior Court of the City of New York and Buffalo
Appeal from judgment on report of referee. Action by William E. Nichols against Henry H. Balch. There was a judgment in favor of plaintiff, and defendant appeals. Affirmed.
1Opinion of the CourtSedgwick, C. J.
The action was for damages from the negligence of defendant. The plaintiff was the owner of a horse, kept by him at Dickel’s stables, in Seventh avenue, near Fifty-Ninth street. There was a talk between plaintiff and defendant concerning the possible sale of the horse. The defendant said: “I am in need of a horse for my use in troop A; and, if the horse suits me, I will either buy or rent it.” The plaintiff thereupon delivered the horse to defendant, to be tried and tested by him. The horse was returned to the stable with the larger bone of a leg, below the knee, broken. It became necessary,…
2Cases cited2 opinions
- Collins v. . BennettNew York Court of Appeals · 1871
- Fox v. PrudenNew York Court of Common Pleas · 1870
3Cited by3 opinions
- McGinness v. GossmanWashington Supreme Court · 1964
- O'Rourke v. Bates, New York County Courts1911
- Collins v. MillerAppellate Terms of the Supreme Court of New York · 1902