Hosmer v. . Carney
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 29, 1919, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The horse was not a vicious animal, and the injury claimed to have been suddenly inflicted by it was not to be anticipated from its history and does not cast responsibility upon its owner.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 29, 1919, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The horse was not a vicious animal, and the injury claimed to have been suddenly inflicted by it was not to be anticipated from its history and does not cast responsibility upon its owner. (Brice v. Bauer, 108 N. Y. 425; McHugh v. Mayor, 31 App. Div. 299; Lawler v. French, 2 App. Div. 140.) There was no evidence…
1Opinion of the CourtMcLaughlin, J.
This action was brought to recover damages for the death of plaintiff’s intestate alleged to have been caused by the kick of a vicious horse. The complaint alleged that the defendants’ testator purchased the horse “ as a kicker * * *, knew that the said horse was a violent kicker and vicious in his habits and that he utterly failed and neglected to warn or advise the plaintiff’s intestate of such fact.” The answer put in issue this allegation of the complaint. The trial resulted in a verdict in favor of the plaintiff for $5,000. Judgment was entered thereon and an appeal taken to the…
2Cases cited9 opinions
- Woolf v. ChalkerSupreme Court of Connecticut · 1862
- Benoit v. . Troy Lansingburgh R.R. Co.New York Court of Appeals · 1897
- Bessemer Land & Improvement Co. v. DuboseSupreme Court of Alabama · 1899
- Copeland v. DraperMassachusetts Supreme Judicial Court · 1893
- Cooper v. CashmanMassachusetts Supreme Judicial Court · 1906
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3Cited by25 opinions
- Collier v. ZambitoNew York Court of Appeals · 2004
- Doe v. BarnettIndiana Court of Appeals · 1969
- Kennet v. SossnitzAppellate Division of the Supreme Court of the State of New York · 1940
- Webber v. McDonnellMassachusetts Supreme Judicial Court · 1926
- Boatman v. MilesWyoming Supreme Court · 1921
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