Van Loon v. Smith, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Tt. Lawrence Smith, Inc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of May, 1916, denying defendant’s motion for judgment on the'pleadings, consisting of a complaint and answer.
1Opinion of the Court
Dowling, J.:
The action is brought to recover for damages claimed to have been sustained by the plaintiff while on the S. S. Manchester, chartered by defendant and moored to a dock in the borough of Brooklyn, city of New York.- The plaintiff alleges that while he was on the said boat, without negligence on his part, but solely through the negligence and carelessness of the defendant, its agents, servants and employees, he was caused and permitted to be kicked by a vicious horse, whose propensities were known to the defendant, but of which it failed to warn plaintiff.
The sole allegation as to…
2Cases cited2 opinions
- Heskell v. Auburn Light, Heat & Power Co.New York Court of Appeals · 1913
- Panken v. HollyAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- Klippel v. WeilAppellate Division of the Supreme Court of the State of New York · 1923