Donnelly v. H. C. & A. I. Piercy Contracting Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 27, 1915, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The question of defendant’s negligence was one of fact which should have been submitted to the jury.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 27, 1915, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The question of defendant’s negligence was one of fact which should have been submitted to the jury. The proximate cause of the accident was the act of the driver in leaving the horse unhitched and unattended at a place from which it was possible and easy for the…
1Opinion of the CourtAndrews, J.
The driver of the defendant left his horse alone and untied in a gangway leading directly to a much-used passenger platform of the Delaware, Lackawanna and Western Railroad Company under circumstances that would justify the jury in characterizing the act as negligent. Sometime later the horse, still untied, was discovered standing at one corner of this platform. The horse was restless. Starting forward he slipped and fell. The plaintiff’s intestate was the general station master employed by the railroad company and had charge of the station. He was at work some distance away engaged in his…
2Cases cited2 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Laidlaw v. . SageNew York Court of Appeals · 1899
3Cited by16 opinions
- Wagner v. International Railway Co.New York Court of Appeals · 1921
- Maloney v. . KaplanNew York Court of Appeals · 1922
- Brugh v. BigelowMichigan Supreme Court · 1944
- Foley v. StateAppellate Division of the Supreme Court of the State of New York · 1943
- In re the PeopleAppellate Division of the Supreme Court of the State of New York · 1938
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