Gottwald v. Bernheimer
New York Court of Common Pleas
Appeal by plaintiff from a judgment of the Marine Court, of the city of New York entered on an order made by the General Term of that court, affirming a judgment entered on an order made at trial term dismissing the complaint.
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Appeal by plaintiff from a judgment of the Marine Court, of the city of New York entered on an order made by the General Term of that court, affirming a judgment entered on an order made at trial term dismissing the complaint. This action was brought to recover damages alleged to have been sustained by plaintiff by the negligent act of a servant of defendants in allowing a horse owned by them to run away in. a public street in the city of New York, and run against plaintiff’s horse, and wound him in such a manner as to render him comparatively useless and valueless. On the trial, at the close…
1Opinion of the Court
Charles P. Daly, Chief Justice.
It is not material in this ■case to inquire whether the possession of the horse by the defendants for the purpose of sale, and the use of him by the defendants’ servant upon the occasion of the accident, and upon one or two previous occasions in the business of the defendants’ firm, was sufficient or not to make the defendant answer-able for the injury; for when the judge dismissed the complaint there was not enough in the evidence to entitle the case to go to the jury upon the question of negligence ; unless we could hold that the fact that the defendants’…
2Cases cited5 opinions
- Griggs v. FleckensteinSupreme Court of Minnesota · 1869
- Unger v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1873
- Albert v. Bleecker StreetNew York Court of Common Pleas · 1868
- Dressler v. DavisWisconsin Supreme Court · 1859
- Quinlan v. Sixth Avenue RailroadNew York Court of Common Pleas · 1873
3Cited by9 opinions
- Rowe v. SuchCalifornia Supreme Court · 1901
- Hollaran v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1915
- Gray v. TompkinsCity of New York Municipal Court · 1891
- McGahie v. McClennenAppellate Division of the Supreme Court of the State of New York · 1903
- Schneiderman v. Mother's Friend's Wet Wash Laundry, Inc.Appellate Division of the Supreme Court of the State of New York · 1930
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