Selesky v. Vollmer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry Vollmer, from a judgm.ent of the County Court of Kings county in favor of the plaintiff, entered in the office of the cleric of the county of Kings on the 18th day of October, 1904, upon the verdict of a jury for $150.
1Opinion of the Court
Hirschberg, P. J.:
The defendant hired a horse from the plaintiff for use in drawing a tombstone a distance of some thirteen miles. The horse was in good condition at the time he was received by the defendant’s driver, but died from acute colic which developed, during the day ' and while he was engaged at the work for which he was hired.' There was some evidence that the driver was intoxicated, and he was not called as a witness. There was also a conflict of evidence upon the question whether the disease was produced by fermentation of food or by exhaustion from overwork. This question was…
2Cases cited2 opinions
- Collins v. . BennettNew York Court of Appeals · 1871
- Rutherford v. KrauseAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Hobbie v. RyanNew York Supreme Court · 1927
- Campany v. BraytonAppellate Division of the Supreme Court of the State of New York · 1916
- Peterseil v. WishnerAppellate Terms of the Supreme Court of New York · 1916