Benoit v. . Troy Lansingburgh R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 5,1896, which affirmed (by a non-unanimous decision) a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion to set aside the verdict and for a new trial. This action was brought to recover damages for personal injuries alleged to have been caused by the negligence of defendant.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 5,1896, which affirmed (by a non-unanimous decision) a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion to set aside the verdict and for a new trial. This action was brought to recover damages for personal injuries alleged to have been caused by the negligence of defendant. The plaintiff was injured by the running away of a team of horses belonging to defendant, driven by its servant upon a street in the city of Cohoes. The…
1Opinion of the Court
Andrews, Ch. J.
The case was submitted to the jury upon two main propositions: Fwst, whether the horses had the vicious propensity to run away, known to the defendant, and, second, whether Ladrick, the driver, was negligent in the management of the horses after they commenced to run, in reining them over to the left side of the street and bringing the stoneboat to which they were attached into collision with the street curb, thereby wrenching the front plank of the stone-boat from its fastenings, and freeing the horses so as to permit them to run on their way across the canal bridge, dragging…
2Cases cited3 opinions
- Spring Co. v. EdgarSupreme Court of the United States · 1879
- Van Leuven v. Lyke & DumondNew York Court of Appeals · 1848
- Vrooman v. LawyerNew York Supreme Court · 1816
3Cited by35 opinions
- Collier v. ZambitoNew York Court of Appeals · 2004
- Doe v. BarnettIndiana Court of Appeals · 1969
- Boone v. . BooneSupreme Court of North Carolina · 1940
- Schwartz v. Armand Erpf EstateAppellate Division of the Supreme Court of the State of New York · 1999
- Hosmer v. . CarneyNew York Court of Appeals · 1920
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