Kaniuk v. Dry Dock, East Broadway & Battery Railroad

Appellate Terms of the Supreme Court of New York

Kaniuk v. Dry Dock, East Broadway & Battery Railroad

96 N.Y.S. 129

Appellate Terms of the Supreme Court of New York·Decided November 29, 1905·Published

Opinion

SCOTT, P. J.

Unless we are prepared to hold that the mere fact that an accident happened fastens liability upon the defendant, this judgment cannot stand. There is absolutely no evidence of negligence. It was also manifest error to allow anything for the hire of a horse to replace the injured animal. There is no evidence of what plaintiff paid, or that he paid anything. All we have is his brother’s testimony that he “usually” charged $2 a day.

Judgment reversed, and new trial granted, with costs to appellant to abide the event. All concur.

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SCOTT, P. J.

Unless we are prepared to hold that the mere fact that an accident happened fastens liability upon the defendant, this judgment cannot stand. There is absolutely no evidence of negligence. It was also manifest error to allow anything for the hire of a horse to replace the injured animal. There is no evidence of what plaintiff paid, or that he paid anything. All we have is his brother’s testimony that he “usually” charged $2 a day.

Judgment reversed, and new trial granted, with costs to appellant to abide the event. All concur.

Kaniuk v. Dry Dock, East Broadway & Battery Railroad, 96 N.Y.S. 129 (N.Y. Ct. App. 1905).

Pincite

96 N.Y.S. 129 (Kaniuk v. Dry Dock, East Broadway & Battery Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.