Barney v. Mackay

Appellate Terms of the Supreme Court of New York

Barney v. Mackay

35 Misc. 828, 72 N.Y.S. 1094

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1901

StatusPublished

This text of 35 Misc. 828 (Barney v. Mackay) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barney v. Mackay, 35 Misc. 828, 72 N.Y.S. 1094 (N.Y. Ct. App. 1901).

Pincite

Opinion

Per Curiam.

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.

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Per Curiam.

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.

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Bluebook (online)

35 Misc. 828, 72 N.Y.S. 1094, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barney-v-mackay-nyappterm-1901.