Shinnick v. Clover Farms Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Clover Farms Company, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 15th day of April, 1915, affirming an order of the City Court of the City of New York overruling a demurrer to the complaint.
1Opinion of the Court
Scott, J.:
The action is brought under the Employers’ Liability Act* and the complaint alleges that plaintiff was in defendant’s employ as a driver engaged in driving a three-horse vehicle; that one of the horses was vicious and accustomed to attack and bite mankind, and known by defendant to do so; that on November 14, 1914, the horse attacked and bit plaintiff in the left ear, as a consequence of which the plaintiff has suffered permanent injuries, a part of his left ear having been amputated. The demurrer is for general insufficiency. It is conceded that the complaint would be proof against…
2Cases cited1 opinion
- Gropp v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by25 opinions
- Adams v. Iten Biscuit Co.Supreme Court of Oklahoma · 1917
- Choctaw Portland Cement Co. v. LambSupreme Court of Oklahoma · 1920
- Masich v. United States Smelting, Refining & Mining Co.Utah Supreme Court · 1948
- Donnelly v. Minneapolis Manufacturing Co.Supreme Court of Minnesota · 1924
- Wilson v. Brown-McDonald Co.Nebraska Supreme Court · 1938
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