Legal Opinion

Leviness v. Post

New York Court of Common Pleas

Decided December 31, 1875PublishedCited by 3 opinions

Appeal by defendant from a judgment of the general term of the Marine Court, affirming a judgment of that court entered on the verdict of a jury. The facts are stated in the opinion.

1Opinion of the CourtJoseph F. Daly, J.

Action for damages by reason of negligence of a servant of defendant, a horse-shoer, in improperly fastening shoe of plaintiff’s horse, from which negligence, it is alleged, the horse died.

*322I see no reason for disturbing the verdict in this case. Plaintiff had his horses shod at defendant’s shop for fifteen years; on the occasion in question he went there to have a shoe fastened ; he did not see the men there who usually did that work; he found two men, employees of defendant, working, one holding a new shoe, and the other hammering with a heavy sledge; plaintiff said, “Boys, I want a shoe…

2Cited by3 opinions

  1. Thomas v. SmithCourt of Appeals of Georgia · 1955
  2. Hardegg v. WillardsNew York Court of Common Pleas · 1895
  3. Furletti v. Hertz Corp.Appellate Division of the Supreme Court of the State of New York · 1971

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