Bruce v. Fiss, Doerr & Carroll Horse Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Eiss, Doerr and Carroll'Horse Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 4th day of March, 1899, upon the verdict of a jury for $300, and , also from an order entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Per Curiam : *
The action is brought for damages for breach of warranty, given on the sale of a horse, that the horse was “ sound, kind and true, and gentle and quiet in harness and suitable for use by plaintiff in his profession as a physician, to drive in harness as a carriage horse.” The damages sought to be recovered were for injuries to the plain-tiff’s person and his vehicle, arising from the kicking, bolting and running away of the horse. Subsequent to the occurrence of the damages complained of, the plaintiff returned the horse to the defendant and was repaid his money; but, as the…
2Cases cited8 opinions
- Jones v. GeorgeTexas Supreme Court · 1884
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Herring v. SkaggsSupreme Court of Alabama · 1878
- Hitchcock v. HuntSupreme Court of Connecticut · 1859
- Beeman v. . BantaNew York Court of Appeals · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Nelson v. AndersonSupreme Court of Minnesota · 1955
- Hercules Powder Co. v. RichCourt of Appeals for the Eighth Circuit · 1924
- Miller v. F. R. Patch Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Richard v. H. P. Hood & Sons, Inc.Supreme Court of Rhode Island · 1968
- Ideal Wrench Co. v. Garvin Machine Co.Appellate Division of the Supreme Court of the State of New York · 1901
12 more not listed; retrieve them via the Exa API.