Hygienic Ice & Refrigerating Co. v. Philadelphia Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Hygienic Ice and Refrigerating Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 18th day of January, 1913, dismissing the complaint on the merits upon the decision of the court, both sides having moved for the direction of a verdict at the close of the case, and the jury having been thereupon expressly waived.
1Opinion of the Court
Kellogg, J.:
This action is brought upon an indemnity policy to recover the amount which the plaintiff has been required to pay upon a judgment recovered against it by Adam Raible for injuries received by him while he was leading one of the plaintiff’s horses from the stable to the watering trough. Raible was a *191boy fifteen years of age and was not in the employ of the plaintiff. He was hanging around the plaintiff’s stables and one Joyce, an employee, suffered him to lead the horse. His complaint alleged, in substance, that the ice company put the horse in his charge knowing it to be a vicious…
2Cases cited1 opinion
- Raible v. Hygienic Ice & Refrigerating Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by2 opinions
- Joseph Gordon, Inc. v. Massachusetts Bonding & InsuranceNew York Court of Appeals · 1920
- Mayor, Lane & Co. v. Commercial Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1915