Legal Opinion

Shaw v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1903PublishedCited by 4 opinions

Appeal by the defendant, The City of New York, 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 19th day of December, 1902, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 24th day of March, 1903, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

McLaughlin, J.:

On the 25th of May, 1898, the plaintiff was driving in one of the public streets of the city of New York, when a horse with a wagon attached, belonging to the defendant, ran into and damaged plaintiff’s carriage, and also seriously injured both him and the horse. This action was brought to recover from the defendant the damages sustained, upon the ground that the same were due to the negligence of defendant’s employee. The particular act of negligence charged in the complaint was that defendant’s servant, an employee of the street cleaning department, “ so carelessly and…

2Cases cited2 opinions

  1. Missano v. Mayor of New YorkNew York Court of Appeals · 1899
  2. Sheehy v. . City of New YorkNew York Court of Appeals · 1899

3Cited by4 opinions

  1. Stahl v. Utah Transit AuthorityUtah Supreme Court · 1980
  2. Hewitt v. City of SeattleWashington Supreme Court · 1911
  3. Smith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
  4. Hunt v. ArmstrongAppellate Division of the Supreme Court of the State of New York · 1915

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