Roedecker v. Metropolitan Street Railway
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 21st day of February, 1903, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’fe office on the 17th day of February, 1903, denying the defendant’s motion for a, new trial made upon the minutes.
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Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 21st day of February, 1903, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’fe office on the 17th day of February, 1903, denying the defendant’s motion for a, new trial made upon the minutes. The plaintiff sues to recover, damages for injuries inflicted by being kicked by one of the defendant’s horses while he was a passenger on the front platform of defendant’s…
1Opinion of the Court
Van Brunt, P. J.:
Assuming that the driver of the car was negligent in whipping his horses in going around a cnrye so as to Cause one of them to fall upon the ground and under the car, the question still remains whether such negligence in the operation’of the car and in the management of the horses was the proximate cause of the plaintiff’s injuries for which the defendant is legally liable.
In the disposition of this legal question we are not confronted with any serious conflict as to the facts. The fair inference therefrom is, that when the horse had fallen the front part of the dashboard of…
2Cases cited6 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Lowery v. . Manhattan Railway Co.New York Court of Appeals · 1885
- Lewis v. Flint & Pere Marquette Ry Co.Michigan Supreme Court · 1884
- Herr v. City of LebanonSupreme Court of Pennsylvania · 1892
- Behling v. Southwest Penn. Pipe LinesSupreme Court of Pennsylvania · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Teis v. Smuggler Mining Co.Court of Appeals for the Eighth Circuit · 1907
- United Mutual Fire Insurance v. Jamestown Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1934