Knight v. Lanier
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Nassau county. Action by Charles W. Knight against James F. D. Lanier. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtHirschberg, J.
The plaintiff has recovered a small judgment on the theory of negligence, and the question presented on the appeal is whether, at the time of the occurrence complained of, the defendant owed him the duty of exercising care. The accident occurred on Sunday, May 27, 1900, in the daytime, on a private lane belonging to Mr. Whitney, at Wheatly Hills, in Nassau county. The lane appears to connect public highways and to be tacitly open to public use. The plaintiff was driving a horse and surrey, and was accompanied by his daughter and two other ladies. He was engaged at the time as landscape…
2Cases cited8 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Cusick v. . AdamsNew York Court of Appeals · 1889
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3Cited by4 opinions
- McNeal v. McKainSupreme Court of Oklahoma · 1912
- Indiana Springs Co. v. BrownIndiana Supreme Court · 1905
- Whistenant v. Southern States Portland Cement Co.Court of Appeals of Georgia · 1907
- Boes v. HowellNew Mexico Supreme Court · 1918