Loughrain v. Autophone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Autophone Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tompkins on the 16th day of December, 1901, upon the verdict of a jury for $850, and also from an order entered in said clerk’s office on the 16th day of December, 1901, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Autophone Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tompkins on the 16th day of December, 1901, upon the verdict of a jury for $850, and also from an order entered in said clerk’s office on the 16th day of December, 1901, denying the defendant’s motion for a new trial made upon the minutes. This action was originally brought by Peter Loughrain against the defendant for damages claimed to have been caused by the defendant’s negligence. Since the trial the plaintiff has died, and his…
1Opinion of the Court
Smith, J.:
We are of the opinion that the trial court correctly submitted to the jury the question of negligence upon the part both of the plaintiff and of the defendant. The fact that the boxes were so insecurely fastened that they fell is sufficient evidence of the negligence of the defendant to warrant the submission of that fact to the determination of the jury. The plaintiff was standing in his wagon, as he had been accustomed to do, for the purpose of receiving the boxes as they were lowered and of guiding them into the proper places in the wagon. That the horse was not hitched was not…
2Cases cited1 opinion
- Murray v. . DwightNew York Court of Appeals · 1900
3Cited by7 opinions
- Hopkins v. Empire Engineering Corp.Appellate Division of the Supreme Court of the State of New York · 1912
- Great Atlantic & Pacific Tea Co. v. DonaldsonAlabama Court of Appeals · 1934
- Hart v. StateNew York Court of Claims · 1948
- Giroux v. StateNew York Court of Claims · 1948
- Alcide v. StateNew York Court of Claims · 1957
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