Legal Opinion

Kennedy v. . Mayor

New York Court of Appeals

Decided April 16, 1878PublishedCited by 26 opinions

Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York,' affirming a judgment in favor of plaintiff, entered upon an order dismissing plaintiff’s complaint on trial. This action was brought to recover damages for the loss of a horse and cart belonging to plaintiff", alleged to have been caused by defendant’s negligence. The facts appear sufficiently in the opinion.

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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York,' affirming a judgment in favor of plaintiff, entered upon an order dismissing plaintiff’s complaint on trial. This action was brought to recover damages for the loss of a horse and cart belonging to plaintiff", alleged to have been caused by defendant’s negligence. The facts appear sufficiently in the opinion. Defendant was liable for negligence in failing to keep the dock in repair. (Clark v. Un. Ferry Co., 35 N. Y., 485; Wyckoff v. Queen’s Co. Ferry Co., 52 id., 34; Swords v.…

1Opinion of the CourtAndrews, J.

The court on the trial erred in dismissing the complaint. The motion to dismiss was made on the pleadings and opening of plaintiff’s counsel. The facts stated in the conqplaint and in the opening are to be taken as true.

It appears by the complaint that the plaintiff is a cartman, and at the time of the accident was engaged in carting brick from the dock at the foot of Eighty-sixth street, East river, in the city of New York, and the complaint avers : “ That while the plaintiff was backing up his cart for the purpose of loading the same with brick, his horse suddenly became unmanageable and…

2Cases cited1 opinion

  1. Clark v. . Union Ferry CompanyNew York Court of Appeals · 1866

3Cited by26 opinions

  1. Malloy v. Township of WalkerMichigan Supreme Court · 1889
  2. City of Crawfordsville v. SmithIndiana Supreme Court · 1881
  3. Chicago, R. I. & P. R. Co. v. TaylorSupreme Court of Oklahoma · 1920
  4. Spaulding v. Inhabitants of WinslowSupreme Judicial Court of Maine · 1883
  5. Finney v. CurtisCalifornia Supreme Court · 1889

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