Westchester Hardwood Co. v. Manhattan Electric Light Co.
New York Court of Common Pleas
Appeal from Seventh district court. Action by the Westchester Hardwood Company against the Manhattan Electric Light Company, Limited, to recover damages for injuries received by plaintiff’s horse in a collision with defendant’s ■ wagon. From a judgment in favor of plaintiff, rendered by the justice without a jury, defendant appeals.
1Opinion of the CourtGiegerich, J.
The injuries upon which this action is based ■were received by the plaintiff’s horse while being led across the street by a 15 year old boy employed for that purpose. The defendant’s wagon, drawn by a single horse, was coming up the street, .and, when about to pass the horse which was being led, one of the front wheels dropped into a hole in the street caused by the *141setting of that portion of the pavement. The result was that the shafts were swung suddenly about, and one of them pierced the flank of the horse to such a depth that he was ordered to be destroyed by his owner, the plaintiff.…
2Cases cited1 opinion
- Fahr v. Manhattan Railway Co.New York Court of Common Pleas · 1894