King v. . Village of Fort Ann
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 19,1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 19,1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff has failed to establish a cause of action against the defendant, and the motion for nonsuit made by defendant should have been granted, and also the motion for a new trial should have been granted. (Shepherdson v. Colerain, 13 Metc. 55 ; Howard v. No.…
1Opinion of the CourtO’Brien, J.
The plaintiff recovered a small verdict against the defendant for personal injuries which he received on September 27th, 1902, while driving along one of the streets of the defendant in a westerly direction to the home of. a friend who lived some distance beyond. The night was dark and the plaintiff was driving a team, consisting of two horses, and a wagon. Tlie plaintiff was engaged in the business of peddling gloves through the country in that vicinity.
The decision of the court below was not unanimous and so this court is at liberty to review not only the exceptions taken at the trial, but…
2Cases cited3 opinions
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Ireland v. . Oswego, Hannibal and Sterling Plank Road Co.New York Court of Appeals · 1856
3Cited by17 opinions
- Heskell v. Auburn Light, Heat & Power Co.New York Court of Appeals · 1913
- Bottalico v. State of NYNew York Court of Appeals · 1983
- Flansburg v. . Town of ElbridgeNew York Court of Appeals · 1912
- Briglia v. City of St. PaulSupreme Court of Minnesota · 1916
- Neidhardt v. City of MinneapolisSupreme Court of Minnesota · 1910
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