Gropp v. Great Atlantic & Pacific Tea Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Great Atlantic and Pacific Tea 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 16th day of October, 1912, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 23d day of October, 1912, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Dowling, J.:
The action is one in negligence, plaintiff claiming that he sustained injuries by being run over by a horse and wagon under the control of defendant’s servant, and solely through the negligence of the latter. The facts sufficiently appear herein upon a prior appeal, reported in 141 Appellate Division, 372. Upon the prior trial the complaint had been amended by inserting therein an allegation to the effect that the horse in question was unruly, unmanageable and vicious, all of which the defendant knew or ought in the exercise of reasonable care to have known. By a divided court it…
2Cases cited1 opinion
- Gropp v. . the Great Atlantic and Pacific Tea CompanyNew York Court of Appeals · 1912
3Cited by2 opinions
- Gropp v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Gropp v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1914