Clancy v. Byrne
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 65 Barb., 344.) This action was brought to recover damages sustained by plaintiff in the loss of his horse. Plaintiff was a drayman, and, in the ordinary course of his business, drove his horse upon pier Ho. 34, Horth river, a rotton plank gave way and the horse fell through and was killed.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 65 Barb., 344.) This action was brought to recover damages sustained by plaintiff in the loss of his horse. Plaintiff was a drayman, and, in the ordinary course of his business, drove his horse upon pier Ho. 34, Horth river, a rotton plank gave way and the horse fell through and was killed. Defendant leased from the “Rhinelander estate” the south side of said pier, including the place where the accident happened.…
1Opinion of the CourtFolger, J.
The important question in this case, arises upon the motion for a nonsuit, made when the plaintiff rested his case. It was based upon three grounds.
The first was, that the proof showed that the defendant was not in the possession of the pier, at the time of the accident. I think that such is the clear result of the proof. The witness Fatten, was the agent of the Rhinelander estate, which owned the south half of the pier. He testified that the defendant, immediately on taking the lease of that half from that estate, relet it to the Hudson Steamboat Company, an old, established line; that the…
2Cases cited3 opinions
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Murray v. SharpThe Superior Court of New York City · 1857
- Vandewater v. City of New YorkThe Superior Court of New York City · 1848
3Cited by1 opinion
- Brogan v. HananAppellate Division of the Supreme Court of the State of New York · 1900