Johnson v. Dixon
New York Court of Common Pleas
The action was brought in the Marine Court, to'recover the value of a horse. It appeared on the trial that the plaintiff had rented a stall from the defendant at two dollars and fifty cents por month ; that there was an Excavation under the stall, of which plaintiff was ignorant-; that the flooring of the stall was in bad condition, and that plaintiff called the attention of the defendant’s agent to it; that defendant’s agent gave as an excusa, that it had last been occupied…
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The action was brought in the Marine Court, to'recover the value of a horse. It appeared on the trial that the plaintiff had rented a stall from the defendant at two dollars and fifty cents por month ; that there was an Excavation under the stall, of which plaintiff was ignorant-; that the flooring of the stall was in bad condition, and that plaintiff called the attention of the defendant’s agent to it; that defendant’s agent gave as an excusa, that it had last been occupied by a kicking horse, and that he would attend to it; that the next night the plaintiff’s horse had slipped his leg.…
1Opinion of the Court
By the Court.
Daly, F. J.
If the injury to the plain tiff’s horse was the result, exclusively, of a wrongful act, or of negligence on the part of the defendant, the judgment was right, and that depends upon, whether the defendant, after being advised that a piece of wood had come off the floor of the stall, was bound to do what was necessary to render the floor secure and safe. It was proved that there was. an excavation under the stall, of about ten feet, and that the flooring of the stall was rotten. It was fair to presume, from the defendant’s being the proprietor of the stall, that this was…
2Cases cited1 opinion
- Oats v. . DardenSupreme Court of North Carolina · 1810
3Cited by6 opinions
- Flynn v. HattonNew York Court of Common Pleas · 1872
- Eagle v. SwayzeNew York Court of Common Pleas · 1867
- Sanders v. SmithNew York Supreme Court · 1893
- Mallach v. RidleyNew York Supreme Court · 1888
- Lynch v. SpeedNew York Court of Common Pleas · 1889
1 more not listed; retrieve them via the Exa API.