Legal Opinion

Mott v. Consumers' Ice Co.

New York Court of Common Pleas

Decided March 15, 1876PublishedCited by 3 opinions

Plaintiff is a physician and surgeon, residing and having his office in New York city. In June, 1872, he was driving down Fourth avenue, visiting his patients, and shortly before reaching Eighteenth street he drove up near the curb-stone on the right-hand side of the avenue, and stopped.

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Plaintiff is a physician and surgeon, residing and having his office in New York city. In June, 1872, he was driving down Fourth avenue, visiting his patients, and shortly before reaching Eighteenth street he drove up near the curb-stone on the right-hand side of the avenue, and stopped. Whilst thus standing there, sitting in his carriage, one of defendant’s ice wagons, driven with great force and carelessness by one of its servants, turned into the avenue out of Eighteenth street, and ran into the doctor’s carriage, throwing him out on to the sidewalk, severely injuring him, breaking his…

1Opinion of the CourtJ. F. Daly, J.

— Plaintiff sues for damages for injuries sustained by reason of a collision between the carriage in which he was sitting, in Fourth avenue, near Eighteenth street, in the city of New York, and an ice wagon driven by a servant of defendant, caused, as the complaint avers, by the negligence of the latter. Plaintiff was thrown out and sustained injuries which he alleges prevented his attending to his profession and business as a practicing physician to his loss in the sum of $100 a day (that being the value of his *150practice at that time) for ten weeks, and in the sum of $200 a week thereafter.…

2Cases cited2 opinions

  1. Hoyt v. American Exchange BankThe Superior Court of New York City · 1853
  2. Union Paper Collar Co. v. Metropolitan Collar Co.New York Court of Common Pleas · 1869

3Cited by3 opinions

  1. Lester v. PeopleIllinois Supreme Court · 1890
  2. Dale v. StokesNew York Surrogate's Court · 1882
  3. Hayden v. Van CortlandtNew York Supreme Court · 1895

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