Szuchy v. . Hillside Coal Iron Co.
New York Court of Appeals
This was a motion to dismiss the appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered upon an order made February 11, 1896, which affirmed a judgment in favor of plaintiff entered upon a verdict, upon the ground that the Appellate Division has unanimously decided that the verdict of the jury is supported by the evidence, and that no questions of law are raised by the appellant’s exceptions which can be reviewed by…
Read the full summary
This was a motion to dismiss the appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered upon an order made February 11, 1896, which affirmed a judgment in favor of plaintiff entered upon a verdict, upon the ground that the Appellate Division has unanimously decided that the verdict of the jury is supported by the evidence, and that no questions of law are raised by the appellant’s exceptions which can be reviewed by the Dourt of Appeals. This court cannot review the affirmance of the order denying the motion for a new trial, but 'only…
1Opinion of the CourtMartin, J.
This action was for damages sustained by an injury, alleged to have been caused by a vicious mule owned by the defendant, which it directed the plaintiff to lead, without in any way warning him of its vicious habits or character.
Owing to the viciousness of the animal, the plaintiff was thrown under the wheels of a car, and received a personal injury which resulted in the loss of one of his legs. The case was tried and decided upon the theory that the defendant knew the animal was vicious, and directed the plaintiff to use it without in any way apprising him of the danger attending such…
2Cases cited3 opinions
- Wright v. . HunterNew York Court of Appeals · 1871
- Hewlett v. . ElmerNew York Court of Appeals · 1886
- Davis Sewing Machine Co. v. . BestNew York Court of Appeals · 1887
3Cited by29 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Reed v. . McCordNew York Court of Appeals · 1899
- Marden v. . DorthyNew York Court of Appeals · 1899
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- People Ex Rel. Manhattan Railway Co. v. BarkerNew York Court of Appeals · 1897
24 more not listed; retrieve them via the Exa API.