Dunn v. Empire Engineering Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Empire Engineering Corporation, from a judgment of the Supreme Court in favor of the » plaintiff, entered in the office of the clerk of the county of Oneida on the 14th day of March, 1911, upon the verdict of a jury for $400, and also from an order entered in said clerk’s office on the 17th day of March, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, J. :
The plaintiff, a navigator of the canals, was towing two boats with a team consisting of two mules and one horse. The animals were mired in the mud placed or permitted to run upon the towpath, through the carelessness of the defendant, as the plaintiff contends. The animals were injured so that one died and the other two are not as good as they were before they were injured.
*238No claim is made that the verdict' is excessive, but. the defendant contends that the plaintiff failed to show that he Or his driver was free from contributory negligence or that the defendant was negligent;…
2Cited by2 opinions
- Huntley v. Empire Engineering Corp.Court of Appeals for the Second Circuit · 1914
- General Ice Cream Corp. v. StateNew York Court of Claims · 1950