McManus v. Woolverton
New York Court of Common Pleas
Appeal from trial term. Action by Ann McManus against William H. Woolve'rton, president of the New York Transfer Company, to recover damages for personal injuries. From a judgment for plaintiff, defendant appeals.
1Opinion of the Court
• Bischoff, J.
The complaint alleged specifically, and the answer did not deny, that the horses and wagon with which plaintiff collided were owned by defendant’s association, and that they were at the time of the collision in the care and under the control of one of its servants. These facts must therefore be taken to have been admitted upon the trial, (Code Civil Proc. § 522,) and the inquiry was confined to the negligence of the driver of the wagon, the contributory negligence of the plaintiff, and the nature and extent of the latter’s injuries. Pedestrians and drivers of vehicles have equal…
2Cases cited9 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Barker v. . SavageNew York Court of Appeals · 1871
- Moebus v. . HerrmannNew York Court of Appeals · 1888
- Brusso v. . City of BuffaloNew York Court of Appeals · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Reens v. Mail & Exp. Pub. Co.New York Court of Common Pleas · 1894
- Finn v. PetersonAppellate Terms of the Supreme Court of New York · 1898
- People v. LeachNew York Court of Appeals · 1895