Legal Opinion

Gropp v. Great Atlantic & Pacific Tea Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 9, 1910PublishedCited by 7 opinions

Appeal by the defendant, The Great Atlantic and Pacific Tea Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Mew York on the 9th day of February, 1910, upon the verdict of a jury, for $5,500, and also from an. order entered in said clerk’s office on the 11th day of February, 1910, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

McLaughlin, J.:

The plaintiff, while lawfully using one of the public streets in the city of Mew York, was knocked down and injured by a horse owned by the defendant, and brought this action to recover the damages sustained thereby. He had a verdict of $5,500, and from the judgment entered thereon and an order denying a motion for a new trial defendant appeals.

The complaint, in the form in which it was at the time when the parties went to trial, charged that the plaintiff’s injuries were caused solely through the careless, reckless and negligent manner in which the horse was being driven at…

2Cases cited10 opinions

  1. Dickson v. . McCoyNew York Court of Appeals · 1868
  2. Vandenburgh v. TruaxNew York Supreme Court · 1847
  3. Brice v. . BauerNew York Court of Appeals · 1888
  4. Martin v. . Home BankNew York Court of Appeals · 1899
  5. Clowdis v. Fresno Flume & Irrigation Co.California Supreme Court · 1897

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Seward Park Housing Corp. v. CohenAppellate Division of the Supreme Court of the State of New York · 2001
  2. Shinnick v. Clover Farms Co.Appellate Division of the Supreme Court of the State of New York · 1915
  3. Gaccione v. StateNew York Court of Claims · 1940
  4. Stapleton v. ButenskyAppellate Division of the Supreme Court of the State of New York · 1919
  5. Gropp v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1914

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API