Farber v. Roginsky
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel Farber, from a judgment of the County Court of ¡Nassau county in favor of the defendant, entered in the office of the clerk of said county on the 8th day of April, 1907, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case, and also from an order entered in said clerk’s office on the 15th day of March, 1907, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The action is for negligence to recover damages for wounds of the plaintiff’s horse inflicted by the kicks of the defendant’s horse. The plaintiff permitted the defendant .to stable his horse over night in plaintiff’s stable. .The plaintiff and defendant went together to the stable. The stable contained two stalls. The plaintiff’s horse was in one stall, and the plaintiff directed the defendant to place his horse in the other stall. The defendant went to the stall to tie up his horse, and led the horse into the stall. There was a halter on the horse with a rope on it. ’ The…
2Cases cited3 opinions
- Dickson v. . McCoyNew York Court of Appeals · 1868
- Moynahan v. . WheelerNew York Court of Appeals · 1889
- Mills v. BunkeAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by4 opinions
- Stapleton v. ButenskyAppellate Division of the Supreme Court of the State of New York · 1919
- Dooley v. Proctor & Gamble Manufacturing Co.New York Supreme Court · 1912
- Koffler v. American Railway Express Co.City of New York Municipal Court · 1926
- McGee v. Sinclair Refining Co.District Court, E.D. Pennsylvania · 1942