Hale v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendant, entered upon a verdict, and affirming an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendant, entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought against James H. Warner, the defendant’s intestate, to recover damages for injuries to a horse, wagon and harness, hired by him from the plaintiff, and which had been injured while in his custody, as is alleged, by the negligence of himself or of those for whose .acts .he was legally responsible. The intestate had stopped at Macedón, where the horse…
1Opinion of the CourtRapallo, J.
This case is so fully considered in the opinion of Rtjmsey, J., on the motion for a new trial, in which we concur, that we deem it necessary only to refer to the exception to the concluding sentence of the charge, on which special stress has been laid by the appellant on the argument in this court. The judge charged in regard to the viciousness of the horse, that it was incumbent upon the plaintiff to show by a preponderance of evidence, that the horse was not vicious. This charge if standing alone would be subject to criticism, and if the judge had instructed the jury that the failure of the…
2Cases cited4 opinions
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
- Button v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Park v. O'BrienSupreme Court of Connecticut · 1854
3Cited by24 opinions
- Goodwin v. SmithIndiana Supreme Court · 1880
- Clements v. Louisiana Electric Light Co.Supreme Court of Louisiana · 1892
- Hart v. . the Hudson River Bridge CompanyNew York Court of Appeals · 1881
- Lee v. . Troy Citizens' Gas-Light Co.New York Court of Appeals · 1885
- Geoghegan v. Atlas Steamship Co.New York Court of Common Pleas · 1893
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