Legal Opinion

Dennery v. Great Atlantic & Pacific Tea Co.

Supreme Court of New Jersey

Decided November 20, 1911PublishedCited by 10 opinions

On error to the Hudson Circuit Court. The writ reviews a judgment, on verdict, in favor of the plaintiff, who was three years and two months old, for personal injuries received by him from being run over on the public highway or street in Jersey City by defendant’s runaway horse attached to its delivery wagon. The errors assigned are to a refusal to nonsuit and to a refusal of a motion for the direction of a verdict in favor of the defendant.

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On error to the Hudson Circuit Court. The writ reviews a judgment, on verdict, in favor of the plaintiff, who was three years and two months old, for personal injuries received by him from being run over on the public highway or street in Jersey City by defendant’s runaway horse attached to its delivery wagon. The errors assigned are to a refusal to nonsuit and to a refusal of a motion for the direction of a verdict in favor of the defendant. The plaintiff's case showed a driverless horse running away harnessed to a delivery wagon upon which defendant's name appeared, and coming around a…

1Opinion of the Court

The opinion of the court was delivered by

White, J.

By reason of their nature and training horses can be safely utilized to draw vehicles upon public streets only when controlled by reasonably competent drivers. This fact is in such complete accord with universal experience that the legal duty to supply such a driver exists, and, consequently, it is -prima facie evidence of negligence for a person to permit his horse attached to a wagon to go out upon a public street without any driver or other person in charge. If, therefore, a horse *519and wagon are found passing along a street with no one in…

2Cases cited2 opinions

  1. Edgeworth v. WoodSupreme Court of New Jersey · 1896
  2. Kokoll v. Brohm & Buhl Lumber Co.Supreme Court of New Jersey · 1908

3Cited by10 opinions

  1. Kellogg v. MartinNew Jersey Superior Court Appellate Division · 1941
  2. Pincus v. SublettNew Jersey Superior Court Appellate Division · 1953
  3. Kelley v. HicksNew Jersey Superior Court Appellate Division · 1950
  4. Verna v. Boston Transcript Co.Massachusetts Supreme Judicial Court · 1934
  5. Tabaka v. GerardUnited States District Court · 1934

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