Howe v. Peckham
New York Supreme Court
Demurrer to Complaint. The complaint alleged that the plaintiff was driving along the highway, in a one-horse wagon; that a short distance behind the plaintiff a person was driving a team, drawing a two-horse wmgon and travelling in the same direction the plaintiff was; that a short distance behind this person, was the defendant’s team, drawing a two-horse sled, and travelling in the same direction.
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Demurrer to Complaint. The complaint alleged that the plaintiff was driving along the highway, in a one-horse wagon; that a short distance behind the plaintiff a person was driving a team, drawing a two-horse wmgon and travelling in the same direction the plaintiff was; that a short distance behind this person, was the defendant’s team, drawing a two-horse sled, and travelling in the same direction. That the defendant carelessly and negligently left his team to go along the said highway without any driver, and went and got into the wagon with said person, so driving between the plaintiff and…
1Opinion of the Court
Mason, Justice.
There is no doubt in my mind in this case but that the complaint states a cause of action in case, or what would have been an action upon the case under the former system of pleading and upon the principles of the common law. It is a complaint in which the plaintiff has made the negligence of the defendant the ground of action, and in which the damages *231both to the plaintiff’s person and his property are claimed as a consequence of the negligence, or as resulting from the negligence complained of.
This was a familiar mode of declaring under our former system, for the rule is well…
2Cited by6 opinions
- Vasu v. Kohlers, Inc.Ohio Supreme Court · 1945
- Reilly v. Sicilian Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1898
- N. &. W. R. R. v. PrindleSupreme Court of Virginia · 1886
- People ex rel. Hartford Life & Annuity Ins. v. FairmanNew York Supreme Court · 1882
- Paret v. New York El. R.The Superior Court of the City of New York and Buffalo · 1892
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