McGovern v. Fitzpatrick
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Richard -Fitzpatrick, 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 IIth day of February, 1911, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 7th day of March, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The defendant appeals from a judgment entered upon a verdict and from an order denying a new trial. The action is for damages for the death of plaintiff’s intestate, who was employed by defendant and who died, as it is alleged, from a kick received from a vicious horse belonging to defendant. The deceased had been employed by defendant for some time as hostler and driver, and a part of his duty appears to have been to harness the horse or horses which he was about to drive. On December 24, 1907, he had harnessed a horse, and was in the act of leaving the stall when he was kicked. He…
2Cited by6 opinions
- Doe v. BarnettIndiana Court of Appeals · 1969
- Hosmer v. . CarneyNew York Court of Appeals · 1920
- Hagerty v. RadleSupreme Court of Minnesota · 1949
- Artificial Ice Cold St. Co. v. Martin, Admx.Indiana Court of Appeals · 1935
- Finley v. ConlanAppellate Division of the Supreme Court of the State of New York · 1912
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