Knight v. Lanier
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James F. D. Lanier, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the cpunty of Nassau on the 29th day of March, 1901, upon the verdict of a jury for $200, and also from an order entered in said clerk’s office on the 3d day of April, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The plaintiff has recovered a small judgment on the theory of negligence, and the question presented on the appeal is whether, at the time of the occurrence complained of, the defendant owed him the duty of exercising care.
The accident occurred on Sunday, May 27, 1900, in the daytime, on a private lane belonging to Mr. Whitney, at Wheatly Hills, in Nassau county. The lane appears to connect public highways and to be tacitly open to public use. The plaintiff was driving a horse .and surrey, and was accompanied by his daughter and two other ladies. He was engaged at the time as…
2Cases cited5 opinions
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Barry v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- de Boer v. Brooklyn Wharf & Warehouse Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by5 opinions
- McNeal v. McKainSupreme Court of Oklahoma · 1912
- Travell v. BannermanAppellate Division of the Supreme Court of the State of New York · 1902
- Davis v. MaxwellAppellate Division of the Supreme Court of the State of New York · 1905
- Dietz v. DinkelAppellate Division of the Supreme Court of the State of New York · 1930
- Boes v. HowellNew Mexico Supreme Court · 1918