Conway v. Rheims
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Cyrus Rlieims, 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 13tli day of October, 1904, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 13th day of October, 1904, denying the defendant’s motion for a new trial' made üpón the minutes.
1Opinion of the Court
Hirschberg, P. J.:
On the argument of this appeal I was inclined to the view that there was no sufficient proof of the defendant’s negligence, inasmuch as there appeared to be no direct evidence tending to establish that the defendant or his servants knew, or should have known, that the horse was a dangerous one to drive in the city streets. Subsequent study of the case has convinced me, however, that the learned trial justice properly submitted the question to the jury for disposition as one of fact. The plaintiff was injured without fault on his part by a horse in charge of two of the…
2Cases cited2 opinions
- Benoit v. . Troy Lansingburgh R.R. Co.New York Court of Appeals · 1897
- Cadwell v. . ArnheimNew York Court of Appeals · 1897
3Cited by1 opinion
- Figueroa v. TornabeneAppellate Division of the Supreme Court of the State of New York · 2010