O'Connell v. Mooney
City of New York Municipal Court
Appeal from a judgment for the plaintiff after a trial by a jury and from an order denying a motion for a new trial. Action by an employee to recover damages of his employer for personal injuries received from being kicked, as alleged, by a “ green ” horse, negligently placed in the stable where the employee worked, and known to be vicious.
1Opinion of the CourtConlan, J.
The action is for injury to the plaintiff, caused by a kick from the defendant’s horse. The complaint contains an *642allegation that the horse in question was vicious and that the defendant had knowledge thereof. The counsel.for the defendant moved to dismiss the complaint upon the authority of Lawlor v. French, 2 App. Div. 140; but we do not think the cases are parallel. In that case the court said, it is apparent from the evidence that the horse was not vicious. What might be considered as a sufficient reason for taking this case from the jury is the fact that there was no positive testimony…
2Cases cited1 opinion
- Lawlor v. FrenchAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Hagen v. Ice Delivery Co.Ohio Superior Court, Cincinnati · 1905
- Leonard v. Donohoe, New York County Courts1913