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Barney v. Mackay

Supreme Court, Appellate Term
Jun 1, 1901
35 Misc. 828 (N.Y. App. Term 1901)

Opinion

June, 1901.

R.A.M. Hobbs, for appellant.

P.H. Loftus, for respondent.


The motion to dismiss the complaint at the close of plaintiff's case should have been granted, because there was entire absence of facts, showing any negligence by the driver of the runaway horses. Also, upon the whole case, it may be added, that there is no proof that he was either negligent or unskillful. The horses were frightened by the near passage of an elevated train.

Present: SCOTT, P.J., BEACH and FITZGERALD, JJ.

Judgment reversed and new trial ordered, with costs to abide event.


Summaries of

Barney v. Mackay

Supreme Court, Appellate Term
Jun 1, 1901
35 Misc. 828 (N.Y. App. Term 1901)
Case details for

Barney v. Mackay

Case Details

Full title:AUGUSTUS W. BARNEY, JR., Respondent, v . HENRY MACKAY, Appellant

Court:Supreme Court, Appellate Term

Date published: Jun 1, 1901

Citations

35 Misc. 828 (N.Y. App. Term 1901)