Tinker v. New York, Ontario & Western Railway Co.
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered January 11, 1896, affirming a judgment in favor of the plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages for personal in juries alleged to have beeii caused by the negligence of the defendant. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered January 11, 1896, affirming a judgment in favor of the plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages for personal in juries alleged to have beeii caused by the negligence of the defendant. The facts, so far as material, are stated in the opinion. The defendant was the owner of the land where the sticks were placed, and if the act of placing them there had been done in the course of its business rather than…
1Opinion of the Court
Parker, Ch. J.
This judgment awards to the plaintiff $5,000, for damages which she sustained by being thrown to the ground from her seat in a wagon. The jury have found that the accident was caused by the horses drawing the wagon becoming frightened at two heavy timbers about ten feet long and twelve inches square. These timbers were weather beaten and nearly black “ with oil and stuff on them.” They were lying in a ditch from one to two feet in depth, at a distance of about ten feet from the traveled part of the highway, and about fifteen feet from the fence separating the highway from the…
2Cases cited7 opinions
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Babbage v. . PowersNew York Court of Appeals · 1891
- Flynn v. . TaylorNew York Court of Appeals · 1891
- Hudson v. . CarylNew York Court of Appeals · 1871
- Welsh v. . WilsonNew York Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Sweet v. . PerkinsNew York Court of Appeals · 1909
- Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1908
- Robb v. City of MilwaukeeWisconsin Supreme Court · 1942
- Gleason v. Hillcrest Golf Course, Inc.City of New York Municipal Court · 1933
- Lyman v. . Village of PotsdamNew York Court of Appeals · 1920
18 more not listed; retrieve them via the Exa API.