McKnight v. Brooklyn Heights Railroad
New York Supreme Court
• Motion to set aside a verdict for the plaintiff, and to dismiss the complaint on all the evidence, the verdict having’ been taken by consent subject to such a disposition of the case. The action was for damages for negligence.
Read the full summary
• Motion to set aside a verdict for the plaintiff, and to dismiss the complaint on all the evidence, the verdict having’ been taken by consent subject to such a disposition of the case. The action was for damages for negligence. While the-plaintiff’s intestate was driving a single horse to one of defendant’s street cars, the harness slipped back off the horse by the breaking of the lower hamestrap, and thus freed, the horse pulled the- deceased over the dashboard to the ground by the lines, where he was run over- and killed by the car. The strap broke in its crease on the ring or eye of the…
1Opinion of the Court
Gaynor J.:
How much of an examination of the harness could be made by the drivers was a question of fact. They were not by the company’s rule made responsible for the consequences to themselves of all defects in the harness, but- only of such defects as the said rule contemplated, viz., such as could with reasonable care be found -by such an examination as they were given opportunity to make. The master "cannot shift upon his employes his responsibility for injuries to them from defects in appliances from wear and tear, by devolving on them the duty of inspection, without giving them time and…
2Cases cited18 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Butler v. . TownsendNew York Court of Appeals · 1891
- Cullen v. . NortonNew York Court of Appeals · 1891
- Fuller v. . JewettNew York Court of Appeals · 1880
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
13 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Karns v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1912