Legal Opinion

Bailey v. Bell Telephone Co.

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

Decided November 15, 1911PublishedCited by 6 opinions

Appeal by the defendants, The Bell Telephone Company of. Buffalo and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Livingston on the 3d day of February,-1910, upon the verdict of a jury for $2,000^ and also from an order entered in said clerk’s office on the 3d day-of February, 1910, as resettled by an order entered on the 25th day of February, 1910,. denying the defendants’ motion for a new trial…

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Appeal by the defendants, The Bell Telephone Company of. Buffalo and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Livingston on the 3d day of February,-1910, upon the verdict of a jury for $2,000^ and also from an order entered in said clerk’s office on the 3d day-of February, 1910, as resettled by an order entered on the 25th day of February, 1910,. denying the defendants’ motion for a new trial made upon the minutes.

1Opinion of the Court

Spring, J.:

On the 10th of June, 1908, the plaintiff’s intestate, a young lady twenty-one years of age, was riding-with three children easterly along a highway in the defendant town on their way to the union school at Greigsville. While traveling on a down grade the strap which held the thills in place broke, or unfastened, and the thills tilted up, frightening the horse, so that he became unmanageable, running away and colliding with another carriage traveling in the same direction, and both rigs were overturned and the plaintiff’s intestate was thrown against a pole of thé defendant company…

2Cases cited6 opinions

  1. Dougherty v. . Village of HorseheadsNew York Court of Appeals · 1899
  2. Robert v. . PowellNew York Court of Appeals · 1901
  3. Jordan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
  4. Scofield v. Town of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 1907
  5. Jordan v. . City of New YorkNew York Court of Appeals · 1901

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3Cited by6 opinions

  1. Fiechter v. City of CorbinCourt of Appeals of Kentucky (pre-1976) · 1934
  2. Rafferty v. StateAppellate Division of the Supreme Court of the State of New York · 1941
  3. Sweet v. StateNew York Court of Claims · 1949
  4. Darling v. Village of HerkimerNew York Supreme Court · 1957
  5. Kennedy v. Hotel TraymoreAppellate Terms of the Supreme Court of New York · 1916

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