Hackett v. Lenox Sand & Gravel Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas Hackett, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Bronx on the 3d day of December, 1918, upon the verdict of a jury rendered by direction of the court dismissing the complaint, and also from an order denying plaintiff’s, motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
The plaintiff was injured in attempting to stop a runaway horse which was running upon the sidewalk and threatening the lives of some school children. The fact that the horse was running away made a prima facie case of negligence. This called upon the defendant to give satisfactory reason why the horse was unattended. In answer to this prima facie case the defendant’s president swore that he tied the horse to an iron post upon one of the docks in the city. There is evidence to the effect that the horse was there tied with a rope two *212inches thick which went around the neck of the…
2Cases cited2 opinions
- Marceau v. Rutland Railroad Co.New York Court of Appeals · 1914
- Furlong v. Winne & McKain Co.Appellate Division of the Supreme Court of the State of New York · 1915
3Cited by2 opinions
- Bernardine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1944
- Rice v. Von Der LiethAppellate Terms of the Supreme Court of New York · 1920