Legal Opinion · Concurrence

Hill v. Sheehan

Superior Court of Buffalo

Decided October 26, 1892Published

Exceptions from trial term. Action for personal injuries by James H. Hill against William Sheehan. Defendant had judgment, and plaintiff’s motion for a new trial on a case and exceptions was ordered to be heard at general term in the first instance. Motion granted.

1Concurrence

White, J.,

(concurring.) From the evidence taken on the trial the jury might have found that on December 8,1890, the defendant was the proprietor of a boarding and livery stable in Buffalo, and had as a boarder at his stable a horse owned by one Louis Jellinek; that it was the duty of the defendant to deliver the horse to its owner, for his use, at his place of business, at a certain hour each day, and the duty of making such delivery was intrusted by the defendant to the servant, who employed a stranger to perform that duty m his stead; that on the day in question the servant of the defendant…

2Cases cited6 opinions

  1. Hexamer v. . WebbNew York Court of Appeals · 1886
  2. Cosgrove v. . OgdenNew York Court of Appeals · 1872
  3. Althorf v. . WolfeNew York Court of Appeals · 1860
  4. Sheridan v. CharlickNew York Court of Common Pleas · 1872
  5. Kilroy v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1890

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