Legal Opinion

Quinn v. North Sand Co.

Appellate Terms of the Supreme Court of New York

Decided March 7, 1913Published

Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Katie Quinn, by Eva Quinn, her guardian ad litem, against the North Sand Company. Judgment for plaintiff, and defendant appeals. Affirmed.

1Opinion of the CourtGerard, J.

[1,2] The infant plaintiff sues to recover for personal injuries sustained by her through being either kicked or knocked down by a horse which was running loose and unattended across the Southern Boulevard in the borough of the Bronx. The only point made is that there was not sufficient proof as to the ownership of the horse by the defendant.

There was evidence, however, that Mr. North, the president of the defendant, called upon the mother of the plaintiff and said, “Yes, it was my horse,” and said, “I will see you all right.” Appellant claims that this admission cannot be taken as against…

2Cases cited1 opinion

  1. Harnett v. WestcottThe Superior Court of the City of New York and Buffalo · 1888

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