Keefe v. . Lee
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 15, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 15, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Evidence of the physician, Dr. Andrews., regarding the deafness of the plaintiff, and that his hearing is permanently impaired as a result of the injury, was improperly received, not having been alleged in the complaint as a ground for damages. (1 Cliitty on PI. [6tli…
1Opinion of the CourtChase, J.
This action is brought to recover damages for personal injuries inflicted by a vicious horse. It is claimed by the plaintiff that the defendants wrongfully and falsely represented to him that the horse was kind and gentle, when in truth and in fact the defendants well knew that the horse was- vicious, and that relying upon such representations he purchased such horse and cared for him, and that while caring for the horse it viciously attacked him inflicting the injuries for which this action is brought.
We think the judgment rendered in favor of the plaintiff must be reversed on account of…
2Cases cited21 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Geoghegan v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Briggs v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1903
- Hergert v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
16 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Mance v. . HossingtonNew York Court of Appeals · 1912
- Stapleton v. ButenskyAppellate Division of the Supreme Court of the State of New York · 1919
- Walker v. BradtAppellate Division of the Supreme Court of the State of New York · 1929
- Kurak v. . TraicheNew York Court of Appeals · 1919
- Lynch v. FiggeAppellate Division of the Supreme Court of the State of New York · 1920
9 more not listed; retrieve them via the Exa API.