Knickerbocker Ice Co. v. Finn
Court of Appeals for the Second Circuit
Error to the Circuit Court of the United States for'the Southern District of New York. William Finn, the plaintiff in the court below, an employé of the Knickerbocker Ice Company, recovered in the circuit court for the Southern district of New York a verdict for $7,500, in an action against said company for damages caused by the kick of a horse of the defendant, which inflicted so severe an injury as to compel the amputation of the plaintiff’s leg.
1Per curiam
The defendant, at the close of the entire testimony, moved for a direction of a verdict in its favor, upon the ground that there was no proof of negligence on the part of the defendant; that there was no evidence that the horse was a vicious animal, or that it had any propensity to kick, of which the plaintiff should have been notified; and that the plaintiff was guilty of contributory negligence. The court denied the motion, to which the defendant excepted. The plaintiff was “a helper” in the employment of the ice company; that is, he helped or assisted the driver of one of the ice wagons in…
2Cases cited1 opinion
- Northern Pac. R. v. NickelsCourt of Appeals for the Eighth Circuit · 1892
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