Edsall v. Vandemark
New York Supreme Court
THIS is an action brought by the plaintiff to recover damages for an injury caused by the alleged negligence of the defendant in driving a horse and sleigh against the plaintiff in the highway, by which the plaintiff was injured, and the sight of one of his eyes destroyed. The defendant by his answer denied the allegations of the complaint, and alleged negligence on the part of the plaintiff, causing or contributing to the injury.
Read the full summary
THIS is an action brought by the plaintiff to recover damages for an injury caused by the alleged negligence of the defendant in driving a horse and sleigh against the plaintiff in the highway, by which the plaintiff was injured, and the sight of one of his eyes destroyed. The defendant by his answer denied the allegations of the complaint, and alleged negligence on the part of the plaintiff, causing or contributing to the injury. And by a supplemental answer the defendant alleged that since his former answer was put in, to wit, on the 19th day of September, 1860, the said action had been…
1Opinion of the Court
By the Court,
Campbell, P. J.
On the main question of fact-, as to negligence, there is no ground for disturbing the verdict. The charge of the judge was not objected to, and there were no requests to charge-. We must presume the judge laid down the law correctly. The motion for a non-suit, was properly denied. The evidence tended to show that the defendant was chargeable with gross if not with willful negligence. He drove his horse, on a trot, among a number of children just out of school, and with a wind beating in the children’s faces. It was exceedingly doubtful, to say the least, whether…
2Cases cited1 opinion
- Jackson ex dem. M'Crea v. BartlettNew York Supreme Court · 1811
3Cited by8 opinions
- In re the Estate of PalestineNew York Surrogate's Court · 1934
- Heiter v. JolineAppellate Division of the Supreme Court of the State of New York · 1909
- Lee v. GuckerNew York Supreme Court · 1959
- Bose v. WehrliNew York Supreme Court · 1945
- In re the Judicial Settlement of the Account of ParrNew York Surrogate's Court · 1904
3 more not listed; retrieve them via the Exa API.