M'Allister ex rel. Bulger v. Hammond
New York Supreme Court
Case, for driving a horse and gig so negligently andun-skilfully, and so ignorantly and carelessly governing and guiding the horse and gig, as to run against the plaintiff, knock her down and injure her ; by means whereof she was rendered sick and lame ; and put to great expense in procuring surgical, and other aid and assistance. Plea, not guilty, ® * * The cause was tried at the New-York circuit, Februafy, 13th, 1824, before Edwards, C. Judge.
Read the full summary
Case, for driving a horse and gig so negligently andun-skilfully, and so ignorantly and carelessly governing and guiding the horse and gig, as to run against the plaintiff, knock her down and injure her ; by means whereof she was rendered sick and lame ; and put to great expense in procuring surgical, and other aid and assistance. Plea, not guilty, ® * * The cause was tried at the New-York circuit, Februafy, 13th, 1824, before Edwards, C. Judge. It appeared at the trial, that the defendant was driving a gig through one of the public streets of the city of New-York, very fast. That the…
1Opinion of the Court
Curia, per
Savage, Chief Justice.
It w7as once important to ascertain whether trespass or case was the proper action. Originally, actions of trespass involved a breach of the peace ; and besides damages to the party, judgment of capiatur was entered, upon which the defendant was taken, a fine was imposed, and he was imprisoned till he paid both the fine and the damages.
It is still important to preserve the distinction between the actions, on account of the costs and the pleadings.
Whether the one or the other action is proper, has been often a puzzling question ; and decisions have not been…
2Cases cited1 opinion
- Blin v. CampbellNew York Supreme Court · 1817
3Cited by5 opinions
- Wyant v. CrouseMichigan Supreme Court · 1901
- Bristol Manufacturing Co. v. GridleySupreme Court of Connecticut · 1859
- Buskirk v. StricklandMichigan Supreme Court · 1882
- Moore v. DraytonNew York Supreme Court · 1891
- Ricker v. FreemanSupreme Court of New Hampshire · 1870