Newton v. Pope
New York Supreme Court
Certiorari from a Justice’s Court. Case, by Pope, the plaintiff below, against Newton, the defendant below ; for that Pope had hired Nwton to drive a load, with the horses of the former, to the state of Conner.ticut, in which journey the defendant had misused one of J J the horses, so that he was nearly ruined.
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Certiorari from a Justice’s Court. Case, by Pope, the plaintiff below, against Newton, the defendant below ; for that Pope had hired Nwton to drive a load, with the horses of the former, to the state of Conner.ticut, in which journey the defendant had misused one of J J the horses, so that he was nearly ruined. The testimony, on the part of the plaintiff, did not shew any negligence, unskilfulness, or wilful misconduct, in the defendant, by which the horse had been injured ; and the testimony of C. and N. on the part of the defendant, tended strongly to exculpate him from such a charge. The…
1Opinion of the Court
Curia.
The plaintiff is not entitled to recover, unless. the horse was injured through the unskilfulness, negligence, or wilful misconduct of the defendant: and it is incumbent on the plaintiff, to prove the negligence or unskilfulness charged. The defendant stands, at least, upon as favourable a footing as a bailee for hire ; and there is no doubt of the rule in such a case.(a) There is no evidence of negligence or unskilfulness, in this case, even excluding the testimony of the defendant’s witnesses ; and, admitting this testimony, the evidence, of ordinary care and skill, is, conclusive.…
2Cited by22 opinions
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- American District Telegraph Co. v. WalkerCourt of Appeals of Maryland · 1890
- Stilwell v. CarpenterNew York Court of Appeals · 1875
- Sundgren v. StevensSupreme Court of Kansas · 1911
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