Wilson v. . City of Troy
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 10, 1891, which modified and affirmed as modified a judgment in favor of. plaintiff, entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 10, 1891, which modified and affirmed as modified a judgment in favor of. plaintiff, entered upon a verdict. This was an action hy plaintiff as assignee to recover damages for injuries to a horse belonging to one Learned, received by falling into a trench in South street, in the city of Troy, on the night of November 19, 1879, which it was charged was dug by defendant’s employes, and permitted to remain unguarded. The facts, so far as material, are stated in the…
1Opinion of the CourtO’Bbien, J.
The recora in this case presents two questions. First, whether the finding of the jury that the damage was the result of the defendant’s negligence is sustained by any evidence, and secondly, whether interest could legally be allowed by the jury in estimating the amount of the damages. On the night of the 13th of November, 1879, a valuable horse belonging to one Learned, plaintiff’s assignor, while being driven through South street, in the city of Troy, fell into an open ditch or unguarded excavation, made during that day, and was permanently injured. There is little, if any controversy, with…
2Cases cited13 opinions
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- Pettengill v. . City of YonkersNew York Court of Appeals · 1889
- Hyde v. StoneNew York Supreme Court · 1831
- White v. . MillerNew York Court of Appeals · 1879
- Beals v. GuernseyNew York Supreme Court · 1811
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3Cited by70 opinions
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Thomann v. City of RochesterNew York Court of Appeals · 1931
- Flamm v. NobleNew York Court of Appeals · 1947
- New York, Chicago & St. Louis Railway Co. v. RoperIndiana Supreme Court · 1911
- Fell v. Union Pac. Ry. Co.Utah Supreme Court · 1907
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