Legal Opinion

Conklin v. Thompson

New York Supreme Court

Decided May 9, 1859PublishedCited by 18 opinions

THIS action was commenced in a justice’s court, of Dutchess county. The complaint alleged that on the 4th July, 1857, the plaintiff was peaceably and lawfully driving a horse of the plaintiff, attached to a wagon, through the streets of Poughkeepsie ; and while so driving through said streets, the defendant designedly and intentionally and willfully threw a lighted fire cracker under the plaintiff’s horse, which exploded under the said horse, and so frightened him by said…

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THIS action was commenced in a justice’s court, of Dutchess county. The complaint alleged that on the 4th July, 1857, the plaintiff was peaceably and lawfully driving a horse of the plaintiff, attached to a wagon, through the streets of Poughkeepsie ; and while so driving through said streets, the defendant designedly and intentionally and willfully threw a lighted fire cracker under the plaintiff’s horse, which exploded under the said horse, and so frightened him by said explosion that in consequence thereof he died immediately; and the plaintiff averred that the noise caused by the…

1Opinion of the Court

By the Court, Brown, J.

This is an action ex delicto, for exploding, a fire cracker under the horse of the plaintiff while traveling upon one of the public streets in the. city of Poughkeepsie, whereby the horse became frightened and fell down and died. If the death of the horse resulted from the wrongful act of the defendant, infancy is no protection. He is as fully liable for the damages as if he had been of full age.

Hor can there be any doubt that the act of the defendant was wrongful and unlawful. The plaintiff was in the rightful use and enjoyment of the public highway, passing from his…

2Cited by18 opinions

  1. Melker v. . City of New YorkNew York Court of Appeals · 1908
  2. Speir v. . City of BrooklynNew York Court of Appeals · 1893
  3. Fry v. LeslieSupreme Court of Virginia · 1891
  4. Landau v. . City of New YorkNew York Court of Appeals · 1904
  5. Buch v. Amory Manufacturing Co.Supreme Court of New Hampshire · 1897

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