Learn v. Bicentennial Wagon Train
This text of 86 A.D.2d 862 (Learn v. Bicentennial Wagon Train) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinions
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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Cite This Page — Counsel Stack
86 A.D.2d 862, 447 N.Y.S.2d 316, 1982 N.Y. App. Div. LEXIS 15493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/learn-v-bicentennial-wagon-train-nyappdiv-1982.