Dudley v. . Parker
New York Court of Appeals
Appeal from order of tlie General Term of the Supreme Court in the fifth judicial department, made October 1, 1889, which set aside a verdict in favor of plaintiff and granted a new trial.
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Appeal from order of tlie General Term of the Supreme Court in the fifth judicial department, made October 1, 1889, which set aside a verdict in favor of plaintiff and granted a new trial. This action was brought to recover damages for personal injuries suffered by the plaintiff, occasioned by being thrown from the carriage in which she was riding with her husband ©n a highway in the county of Cayuga, on October 10, 1886. This was caused by the act of one Edward Shaw who, in driving a horse hitched to a buggy and going in the same direction, recklessly drove against the carriage conveying the…
1Opinion of the CourtBradley, J.
The main question presented is whether there was any evidence to justify the submission of the case to the jury, and this arises upon the exception to the denial of the motion for a nonsuit made on the ground that it did not appear that the defendants sold or furnished any liquor to Shaw. The conclusion was warranted that he was intoxicated at the time in question, and that the intoxicating liquor which caused or contributed to his intoxication was sold by the defendants, and that the plaintiff’s injury was in consequence of such intoxication. The right of action in this class of cases is…
2Cases cited2 opinions
- Bertholf v. . O'ReillyNew York Court of Appeals · 1878
- Mead v. . StrattonNew York Court of Appeals · 1882
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