Manthey v. Rauenbuehler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William Ratienbuehler and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 4th day of February, 1902, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 5th day of February, 1902, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J. :
This action was brought to recover damages for injuries which resulted in the death of the plaintiff’s intestate, Charles Manthey, received while attempting to stop a runaway horse belonging to the defendants.
It appeared upon the trial that the plaintiff’s intestate, a blacksmith, upon the day of the accident was working at his trade near *175the front door of a shop situated on the south side of East Thirteenth street, between First avenue and Avenue A. At. the same time and on the same side of the street, but at about sixty feet nearer First avenue, defendants’ horse and wagon,…
2Cases cited5 opinions
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Norris v. . KohlerNew York Court of Appeals · 1869
- Linnehan v. SampsonMassachusetts Supreme Judicial Court · 1879
- Gibney v. . StateNew York Court of Appeals · 1893
- Pearl v. MacaulayAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by14 opinions
- Burns v. GettyIdaho Supreme Court · 1933
- Fox v. KoehnigWisconsin Supreme Court · 1926
- Shepard v. SmithIdaho Supreme Court · 1953
- Henshaw v. BelyeaCalifornia Supreme Court · 1934
- Cheek v. J. Allen Couch & Son Funeral HomeCourt of Appeals of Georgia · 1972
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