McKenzie v. Waddell Coal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George J. McKenzie, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 11th day of February, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 17th day of February, 1903, denying the plaintiff’s motion for á new trial made upon the minutes. '
1Opinion of the Court
Jenks, J. :
The action is for negligence, aiid this appeal is from judgmént entered upon a dismissal of the complaint at the Trial Term, and from an order denying a motion for a new trial.
I am of opinion that the case falls within the rule that negligence is not imputable to an accident not “ the reasonable, natural and probable result ” under the circumstances, “ which ought to have been foreseen by the defendant in the exercise of ” due prudence. (Ayers v. Rochester Railway Co., 156 N. Y. 104 ; Dougan v. Champlain Transportation Co., 56 id. 1; Loftus v: Union Ferry Co. of Brooklyn, 84 id.…
2Cases cited3 opinions
- Glasier v. . Town of HebronNew York Court of Appeals · 1892
- Ayers v. . Rochester Railway Co.New York Court of Appeals · 1898
- Lilly v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1887
3Cited by6 opinions
- Burrows v. Livingston-Niagara Power Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Rowley v. Newburgh Light, Heat & Power Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Thompson v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1914
- Hartman v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1905
- Bonhag v. Queens Borough Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1933
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