Dougherty v. M. Zimmerman Co.

Appellate Terms of the Supreme Court of New York

Dougherty v. M. Zimmerman Co.

104 N.Y.S. 1126

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 16, 1907

StatusPublished

This text of 104 N.Y.S. 1126 (Dougherty v. M. Zimmerman Co.) 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

Dougherty v. M. Zimmerman Co., 104 N.Y.S. 1126 (N.Y. Ct. App. 1907).

Pincite

Opinion

PER CURIAM.

This action was brought to recover damages for injuries to the plaintiff’s horse and wagon, caused by the alleged negligence of the defendant. The evidence showed that the plaintiff’s horse and wagon were standing close to the north curb on Chrystie street when the collision occurred, but is insufficient to support the judgment. Negligence must be proved, and cannot be inferred merely from the fact that a collision took place. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This action was brought to recover damages for injuries to the plaintiff’s horse and wagon, caused by the alleged negligence of the defendant. The evidence showed that the plaintiff’s horse and wagon were standing close to the north curb on Chrystie street when the collision occurred, but is insufficient to support the judgment. Negligence must be proved, and cannot be inferred merely from the fact that a collision took place. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

Cite This Page — Counsel Stack

Bluebook (online)

104 N.Y.S. 1126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dougherty-v-m-zimmerman-co-nyappterm-1907.