Legal Opinion
Bernardine v. City of New York
New York Supreme Court
Decided November 24, 1943PublishedCited by 3 opinions
1Opinion of the CourtBernstein, J.
The plaintiff brought this action to recover damages for personal injuries suffered by him in attempting to stop a City-owned runaway horse that had thrown its rider, a mounted policeman duly engaged in the discharge of police duty. While the trial developed some disputes upon the issues of negligence, freedom from contributory negligence and assumption of risk, the question of the City’s liability primarily rests upon the validity of its claim of governmental immunity.
The common-law rule which formerly afforded tó municipalities a complete defense against tort liability has, in response to a…
2Cases cited17 opinions
- New York Trust Co. v. EisnerSupreme Court of the United States · 1921
- Witherstine v. Employers' Liability Assurance Corp.New York Court of Appeals · 1923
- Leppard v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1929
- In Re the Appraisal Under the Transfer Tax Act of the Estate of HoopleNew York Court of Appeals · 1904
- Berger v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1940
12 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bernardine v. City of New YorkNew York Court of Appeals · 1945
- McKay v. State Farm Mutual Automobile InsuranceDistrict Court, S.D. Texas · 1995
- Sofka v. StateNew York Court of Claims · 1952