Legal Opinion

Davis v. Kallfelz

New York County Courts

Decided February 15, 1898Published

Appeal from a judgment of the Municipal Court of' the city of Syracuse in favor of defendant. Action-to recover damages caused by defendant’s negligence. Answer, denial and contributory negligence.

1Opinion of the CourtRoss, J.

Appeal from a judgment of the Municipal Court of the city of Syracuse in favor of the defendant for $9.70 costs. The return of the justice contains this entry: “ Plaintiff left his wagon in the street from six o’clock until ten o’clock a. m., in violation of the city’s charter, which was a wrongful act and prevents him from recovering ” and signed by the judge of the Municipal Court below who tried the case. ■

The evidence, in brief, shows that during the temporary absence of the defendant’s driver a team belonging to the defendant *603ran away and collided with a buggy belonging to the plaintiff,…

2Cases cited15 opinions

  1. Norris v. . KohlerNew York Court of Appeals · 1869
  2. Carroll v. . Staten Island R.R. Co.New York Court of Appeals · 1874
  3. Knupfle v. . Knickerbocker Ice CompanyNew York Court of Appeals · 1881
  4. Austin v. . the New Jersey Steamboat Co.New York Court of Appeals · 1870
  5. Platz v. . the City of CohoesNew York Court of Appeals · 1882

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