McGarry v. New York & H. R.
The Superior Court of the City of New York and Buffalo
Appeal from ]iiry term. Action by Anthony McGarry against the New York & Harlem Railroad Company. From a judgment for plaintiff, defendant appeals.'
1Opinion of the CourtSedgwick, C. J.
The action is for damages alleged by the complaint to have been suffered by the plaintiff from his being bitten and kicked by a vicious and dangerous horse, known by the defendant to be vicious and dangerous. At the time of the occurrence the plaintiff was employed by the defendant as hostler, and it was part of his duty to care for the horse. When he was injured he was in the stall, about to feed the horse.
The first position taken for the appellant is that there was no evidence that the horse was dangerous and vicious, or accustomed to attack and hurt any person handling and caring for him.…
2Cited by9 opinions
- Doe v. BarnettIndiana Court of Appeals · 1969
- Emmons v. StevaneSupreme Court of New Jersey · 1909
- Indianapolis Abattoir Co. v. BaileyIndiana Supreme Court · 1913
- Warner v. Oriel Glass CompanySupreme Court of Missouri · 1928
- Stutzke v. Consumers Ice & Fuel Co.Missouri Court of Appeals · 1911
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