Pearl v. Macaulay
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles R. Macaulay, from a judgment of the City Court of Brooklyn in favor of the plaintiff, entered in the office of the clerk of said court on the 14th day of. December, 1895, upon the verdict of a jury, and also from an order bearing date the 13th day of December, 1895, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes*
1Opinion of the Court
Cullen, J.:
This action is to recover for personal injuries. The plaintiff, while crossing a street in the city of Brooklyn, was knocked down and run over by the defendant’s horse and wagon. At the time of the accident the horse and wagon were unattended by any person. On proof of these facts the plaintiff presented aprima facie, case of negligence on the part of the defendant. (Unger v. Forty-second St. R. R. Co., 51 N. Y. 497; Doherty v. Sweetser, 82 Hun, 556.) The defendant was, therefore, called upon to explain how it was that the horse was running at large without fault on his part.
In…
2Cases cited3 opinions
- Norris v. . KohlerNew York Court of Appeals · 1869
- Unger v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1873
- Doherty v. SweetserNew York Supreme Court · 1894
3Cited by19 opinions
- Bernardine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1944
- Williams v. H. Koehler & Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Manthey v. RauenbuehlerAppellate Division of the Supreme Court of the State of New York · 1902
- Breidenbach v. McCormick Co.California Court of Appeal · 1912
- Hollaran v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1915
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