Sweet v. Perkins
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles H. Perkins' and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Wayne on the 28th day of April, 1906, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8tli day of January, 1906, as modified by an order entered on the 28th day of April, 1906, denying the defendants’ motion for a new trial made upon the minutes.
1Dissent
Spring, J. (dissenting):
After dark in the early evening of the 28th of September, 1903, the plaintiff, was driving along a public highway -from the village of Newark, in the county of Wayne, wlien he uiet an automobile which frightened his horse so that he suddenly veered tb one side, running upon a pile of muck at the side of the road, overturning the vehicle and permanently injuring the plaintiff.
The defendants own a farm contiguous to the place of the' accident. They had drawn muck by the side of the road from their hog yard in May and June prior to the accident, because it was more…
2Cases cited6 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Flynn v. . TaylorNew York Court of Appeals · 1891
- Tinker v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1898
- Halstead v. Village of WarsawAppellate Division of the Supreme Court of the State of New York · 1899
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