Legal Opinion

Kelly v. Adelmann

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 4 opinions

Appeal by the defendant, Albert Adelmann, from a judgment of the Municipal Court of the city of Few York, borough of Queens, in favor of the plaintiff, entered on the 12th day of March, 1902.

1Opinion of the CourtWillard Bartlett, J.

In this action the plaintiff has recovered a judgment of $411 damages and costs for personal injuries sustained by him in consequence of being thrown down in a public street by a runaway horse belonging to the defendant.

The plaintiff had stepped from the sidewalk into the street for the purpose of taking passage upon a street car. While in this situation, a horse and wagon came along, unattended by any driver or other person, and struck him so that he was knocked down and hurt, and for a period of ten weeks he was unable to resume his ordinary occupation as a stone cutter. He described his…

2Cases cited3 opinions

  1. Doherty v. SweetserNew York Supreme Court · 1894
  2. Pearl v. MacaulayAppellate Division of the Supreme Court of the State of New York · 1896
  3. Gray v. TompkinsCity of New York Municipal Court · 1891

3Cited by4 opinions

  1. Bernardine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1944
  2. Breidenbach v. McCormick Co.California Court of Appeal · 1912
  3. Hollaran v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1915
  4. Rice v. Von der LiethCity of New York Municipal Court · 1919

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