Norris v. . Kohler
New York Court of Appeals
This is an appeal from the General Term of the Superior Court of the city of New York, affirming a nonsuit of the plaintiff by Judge Babboub. The action was brought by the administratrix of Wm. ¡EL Norris, who was killed on the 24th of August, 1867, in Monroe street, in the city of New York, to recover damages for the alleged negligence of the defendant’s servants in causing his death.
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This is an appeal from the General Term of the Superior Court of the city of New York, affirming a nonsuit of the plaintiff by Judge Babboub. The action was brought by the administratrix of Wm. ¡EL Norris, who was killed on the 24th of August, 1867, in Monroe street, in the city of New York, to recover damages for the alleged negligence of the defendant’s servants in causing his death. It appeared that the deceased, while standing on the sidewalk near bis own wagon, from which he was peddling vegetables, was struck in the breast by the pole of the wagon to which a span of runaway horses were…
1Opinion of the Court
Hunt, Ch. J.
The deceased was a licensed peddler of vegetables in the city of New York. While engaged in that occupation, on the 26th of August, 1867, and standing in the rear of his wagon, close to the sidewalk of Monroe street, he was run over and killed by a wagon and horses. The horses had been left unhitched while the driver had gone into a store to make sale of his wares, and, becoming frightened, ran through the streets, and caused the death of Mr. Norris, as above stated.
Two objections are made to the right of recovery. It is insisted, first, that it was not shown that the defendant…
2Cited by72 opinions
- Ferris v. . SterlingNew York Court of Appeals · 1915
- St. Andrassy v. MooneyNew York Court of Appeals · 1933
- Edgeworth v. WoodSupreme Court of New Jersey · 1896
- Knust v. BullockWashington Supreme Court · 1910
- Landry v. OversenSupreme Court of Iowa · 1919
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