Learn v. Bicentennial Wagon Train

Appellate Division of the Supreme Court of New York

Learn v. Bicentennial Wagon Train

86 A.D.2d 862, 447 N.Y.S.2d 316, 1982 N.Y. App. Div. LEXIS 15493

Appellate Division of the Supreme Court of the State of New York·Decided February 16, 1982·Published

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In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Westchester County (Rubenfeld, J.), entered May 7, 1981, which was in favor of the defendants and against them, upon a jury verdict. Judgment affirmed, without costs or disbursements. The rule set forth in Pfaffenbach v White Plains Express Corp. (17 NY2d 132), permitting an inference of negligence solely from the fact that the defendant’s motor vehicle went off the road causing damage, is not applicable in the case where a team of horses bolts and pulls its wagon off the road injuring a bystander. Titone, J. P., Mangano and O’Connor, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Westchester County (Rubenfeld, J.), entered May 7, 1981, which was in favor of the defendants and against them, upon a jury verdict. Judgment affirmed, without costs or disbursements. The rule set forth in Pfaffenbach v White Plains Express Corp. (17 NY2d 132), permitting an inference of negligence solely from the fact that the defendant’s motor vehicle went off the road causing damage, is not applicable in the case where a team of horses bolts and pulls its wagon off the road injuring a bystander. Titone, J. P., Mangano and O’Connor, JJ., concur.

Learn v. Bicentennial Wagon Train, 86 A.D.2d 862, 447 N.Y.S.2d 316, 1982 N.Y. App. Div. LEXIS 15493 (N.Y. Ct. App. 1982).

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86 A.D.2d 862 (Learn v. Bicentennial Wagon Train) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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