Hollaran v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 9th day of December, 1914, upon the verdict of a jury for $8,000, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Thomas, J.:
Defendant’s team of horses, attached to a street sweeper and unattended by a driver, were running away on Third avenue in the borough of Brooklyn. The plaintiff’s intestate attempted to seize the reins and stop the horses, but was carried under the sweeper and killed.
There are two questions : (1) Whether the fact of the horses running away is of itself sufficient evidence that the defendant was negligent; (2) whether there was such imminent danger to life as justified the undertaking.
The defendant’s proposition is that the fact of a team of driverless horses running through a busy…
2Cases cited12 opinions
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Unger v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1873
- Doherty v. SweetserNew York Supreme Court · 1894
- Pearl v. MacaulayAppellate Division of the Supreme Court of the State of New York · 1896
- Gorsuch v. SwanTennessee Supreme Court · 1902
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Burns v. GettyIdaho Supreme Court · 1933
- Bernardine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1944
- Ellmaker v. Goodyear Tire & Rubber CompanyMissouri Court of Appeals · 1963
- Henshaw v. BelyeaCalifornia Supreme Court · 1934
- Miller v. Gooding Highway Dist.Idaho Supreme Court · 1935
4 more not listed; retrieve them via the Exa API.