Sweet v. . Perkins
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 14, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 14, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The alleged negligence of the defendants in placing the muck pile in the highway was not the proximate cause of the accident, and defendants’ motion to dismiss the complaint upon that ground should have been granted. (Hoffman v. King, 160 1ST. Y. 628; Watson on Dam.…
1Opinion of the CourtGray, J.
This action was brought to recover damages for personal injuries, sustained by the plaintiff under the following circumstances. He was driving, in the evening, upon a country highway, which passed through a farm, occupied by the defendants, as the lessees of its owner. Within the limits of the highway, but some four feet, more or less, from the beaten track, or traveled part, the defendants had placed a quantity of muck, or manure; making a pile about 170 feet in length, about 17 feet in width and from 4 to 5 feet in height. At this point in the highway, the plaintiff’s horse became…
2Cases cited3 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Tinker v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1898
- Hulse v. Town of GoshenAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by73 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Dunham v. Village of CanisteoNew York Court of Appeals · 1952
- Ravo v. RogatnickNew York Court of Appeals · 1987
- DeHaen v. Rockwood Sprinkler Co. of MassachusettsNew York Court of Appeals · 1932
- City of Phoenix v. CamfieldArizona Supreme Court · 1965
68 more not listed; retrieve them via the Exa API.