Legal Opinion

Moody v. Osgood

New York Supreme Court

Decided January 6, 1868PublishedCited by 6 opinions

THIS is an appeal by the defendant from a judgment entered on the verdict of a jury, and from an order denying the defendant’s motion for a new trial on the judge’s minutes.

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THIS is an appeal by the defendant from a judgment entered on the verdict of a jury, and from an order denying the defendant’s motion for a new trial on the judge’s minutes. The action, as appears from the complaint, was brought by the plaintiff against the defendant for carelessly and negligently driving his horses and sleigh against her while she, said plaintiff, after leaving a car of the Eighth Avenue Bailroad Company, was attempting to cross said avenue from the track of said railroad to the sidewalk. The answer denied all negligence, and set up concurrent negligence in the plaintiff.…

1Opinion of the Court

By the Court,

George G. Barnard, P. J.

This action is brought by the plaintiff, a married woman, to recover damages for injuries sustained by her in consequence of being *633run over by the defendant, who was driving a sleigh with: a span of horses.

In the course of the trial the defendant, on his cross-examination, was asked, “ What did these horses cost you ?” The question was objected to, but the objection was overruled, and an exception taken. The witness in answer, said that one of them he had not bought at that time> and the other one cost him $3000. In charging the jury the judge, among other…

2Cited by6 opinions

  1. Drinkwater v. . DinsmoreNew York Court of Appeals · 1880
  2. Vandalia Coal Co. v. YemmIndiana Supreme Court · 1910
  3. Alberti v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1889
  4. Alberti v. N. Y., Lake Erie & Western RailroadNew York Court of Appeals · 1889
  5. Madigan v. Town of SchaghticokeAppellate Division of the Supreme Court of the State of New York · 1911

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