Murphy v. Wait
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bridget Morphy, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Cayuga on the 9th day of May, 1904, upon a nonsuit granted by the court after a trial at the Cayuga Trial Term, also from an order entered in said clerk’s office on the 9th day of May, 1904, denying the plaintiff’s motion for a new trial made upon the minutes, and also from an order entered on the 9tli day of May, 1904,…
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Appeal by the plaintiff, Bridget Morphy, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Cayuga on the 9th day of May, 1904, upon a nonsuit granted by the court after a trial at the Cayuga Trial Term, also from an order entered in said clerk’s office on the 9th day of May, 1904, denying the plaintiff’s motion for a new trial made upon the minutes, and also from an order entered on the 9tli day of May, 1904, granting the defendant’s motion for a nonsuit.
1Opinion of the Court
Williams, J.:
The judgment and orders should be reversed and a new trial granted, with costs to appellant to abide event.
The action is to recover damages for personal injuries alleged to have been the result of defendant’s negligence.. The defendant’s automobile was running along the highway and met the horse and wagon driven by plaintiff’s husband. The horse *123became frightened, at the automobile and overturned the wagon, and the plaintiff, who was riding in the wagon, was thrown out and injured. The claim made is that the defendant was guilty of negligence in not stopping his machine when it…
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