Legal Opinion

Collins v. Miller

Appellate Terms of the Supreme Court of New York

Decided May 15, 1902Published

Appeal by the defendants from a judgment rendered in favor of the plaintiff in the Municipal Court of the city of Hew York, second district, borough of Manhattan.

1Per curiam

The facts are undisputed. On a Saturday in August, 1899, defendants hired a horse of the plaintiff. The horse was in first-class condition and was to be returned the same night to the stables where he was kept. He was not returned, and on Monday next the defendants informed the stablekeeper that the horse was dead. It appears that he did a hard day’s work on Saturday, and was taken ill; and that, on the advice of a veterinary surgeon, the defendants’ driver gave the horse nitre and the animal died shortly afterward. This Saturday was a very hot day, and, as we have stated, the horse appears…

2Cases cited5 opinions

  1. Collins v. . BennettNew York Court of Appeals · 1871
  2. Whalen v. New York & S. I. Electric Co.Appellate Division of the Supreme Court of the State of New York · 1901
  3. Rudd v. CornellAppellate Division of the Supreme Court of the State of New York · 1901
  4. Lyons v. ThomasAppellate Terms of the Supreme Court of New York · 1901
  5. Nichols v. BalchThe Superior Court of the City of New York and Buffalo · 1894

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