Burns v. City of Yonkers
New York Supreme Court
Appeal from circuit court, Westchester county. Action by Mary E. Burns, by guardian, against the city of Yonkers, for personal injuries. Plaintiff was nonsuited, and appeals.
1Opinion of the CourtCullen, J.
This is an appeal from a judgment in favor of the defendant entered upon a nonsuit at circuit. The plaintiff was driving a horse and wagon along the Sawmill River road, in the city of Yonkers. The horse balked, and backed the vehicle off the highway, down a steep bank. The plaintiff was thrown out and injured. For that injury she brings this action, claiming that the defendant was guilty of negligence in not providing guards or barriers along the highway. Though, in one sense, the balking of the horse may be said to have been the primary cause of the accident, this would not prevent a…
2Cases cited5 opinions
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Ivory v. . Town of DeerparkNew York Court of Appeals · 1889
- Monk v. . Town of New UtrechtNew York Court of Appeals · 1887
- Maxim v. Town of ChampionNew York Supreme Court · 1888
- Holcomb v. Town of ChampionNew York Supreme Court · 1891
3Cited by6 opinions
- Fox v. Union Turnpike Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Hartman v. The Berlin & Jones Envelope Co.New York Supreme Court · 1911
- Schell v. Town of German FlatsNew York Supreme Court · 1907
- Burns v. City of YonkersNew York Supreme Court · 1895
- Burns v. City of YonkersNew York Supreme Court · 1895
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