Mooney v. Trow Directory, Printing & Bookbinding Co.
New York Court of Common Pleas
Appeal from sixth district court. Action by James J. Mooney against the Trow Directory, Printing & Bookbinding Company to recover damages for an injury to a horse, alleged to have been caused by the negligence of defendant’s servant. From a judgment for plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtBookstaver, J.
This action was brought to recover damages for an injury to one of plaintiff’s horses, occasioned by the negligence of defendant’s servant. The learned and careful judge who tried this case in the court below has correctly stated the law both as to the right of way upon a public highway and concerning plaintiff’s contributory negligence. But appellant’s counsel criticises the opinion delivered by the justice, in that he merely stated: “It appears to me that he has sufficiently explained his presence on the left-hand side of the street, going westward,”—without going into the details for such…
2Cases cited3 opinions
- Steele v. BurkhardtMassachusetts Supreme Judicial Court · 1870
- Newman v. ErnstSuperior Court of Buffalo · 1890
- Smith v. DygertNew York Supreme Court · 1852
3Cited by1 opinion
- Bank of the United States v. LunenfeldNew York Supreme Court · 1937