Raible v. Hygienic Ice & Refrigerating Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Hygienic Ice and Refrigerating Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 16th day of April, 1909, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion fora new trial made upon the minutes.
Read the full summary
Appeal by the defendant, The Hygienic Ice and Refrigerating Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 16th day of April, 1909, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion fora new trial made upon the minutes. The plaintiff, fifteen years of age, was kicked by a horse which he had been leading to a watering trough to drink. The horse was one of a number used by the defendant in its business of…
1Opinion of the Court
Cochrane, J.:
There are two serious objections to this judgment.
First. It is not, ordinarily, negligence to permit a youth fifteen years old to lead a horse unless the horse has vicious or dangerous tendencies of which the person charged with the negligence should have been aware. The evidence presented a question of fact as to whether or not the horse had previously manifested a propensity for kicking, but this question was not submitted to the jury. As the case was left with them they may very well, have found the defendant liable although at the same time believing that the horse had…
2Cases cited5 opinions
- Driscoll v. ScanlonMassachusetts Supreme Judicial Court · 1896
- Marks v. Rochester Railway Co.New York Court of Appeals · 1895
- Gillett v. Trustees of Village of KinderhookNew York Supreme Court · 1894
- McGrath v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- In re BrundageAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by9 opinions
- Rolfe v. . HewittNew York Court of Appeals · 1920
- Stevens v. FrostSupreme Judicial Court of Maine · 1943
- Zeffiro v. PorfidoAppellate Division of the Supreme Court of the State of New York · 1942
- Looney v. Bingham DairyUtah Supreme Court · 1929
- Hygienic Ice & Refrigerating Co. v. Philadelphia Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1914
4 more not listed; retrieve them via the Exa API.