Treanor v. Manhattan Railway Co.
New York Court of Common Pleas
Appeal from city court, general term. Action by Susan Treanor against the Manhattan Bailway Company for injuries to plaintiff’s person caused by a blow from a bottle thrown by defendant’s servants from its elevated railway into the street below, while plaintiff was walking along the crossing. There was a verdict for plaintiff, and from judgment thereon defendant appeals.
1Opinion of the CourtPryor, J.
On this appeal we have no jurisdiction to review the evidence, except to ascertain if it be sufficient to sustain the verdict; that is, sufficient to authorize the inference of defendant’s liability. Plaintiff alleges that the bottle was thrown “carelessly and negligently;” but it is a question whether negligence be an essential element in the cause of action. The cause of the injury, i. e., throwing the bottle, was the voluntary act of the defendant. “Looking into all the cases from the Year Book in 21 Henry VH., I find the principle to be that if the injury be done by the act of the party…
2Cases cited7 opinions
- Hunt v. BlackburnSupreme Court of the United States · 1888
- Parrot v. Wells, Fargo & Co.Supreme Court of the United States · 1873
- McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
- In Re Proving the Will of ColemanNew York Court of Appeals · 1888
- Morris v. PlattSupreme Court of Connecticut · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Jacobs v. City of Cedar RapidsSupreme Court of Iowa · 1917
- May v. Northern Pacific Railway Co.Montana Supreme Court · 1905
- Booren v. McWilliamsNorth Dakota Supreme Court · 1914
- City of Warsaw v. FisherIndiana Court of Appeals · 1899
- City of Tulsa v. WickerSupreme Court of Oklahoma · 1914
16 more not listed; retrieve them via the Exa API.