McCarthy v. Thorn

Superior Court of New York

McCarthy v. Thorn

5 N.Y.S. 917, 1889 N.Y. Misc. LEXIS 2680

CourtThe Superior Court of the City of New York and Buffalo

DecidedJune 28, 1889

StatusPublished

This text of 5 N.Y.S. 917 (McCarthy v. Thorn) is published on Counsel Stack Legal Research, covering The Superior Court of the City of New York and Buffalo primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McCarthy v. Thorn, 5 N.Y.S. 917, 1889 N.Y. Misc. LEXIS 2680 (superctny 1889).

Pincite

Opinion

Truant, J.

The action was brought to recover damages for injuries alleged to have been sustained by the plaintiff by reason of the negligence of the defendants. The only question in the case is the one presented by the defendants’ exception to the refusal of the court to dismiss the complaint. I am of the opinion that there was some evidence in the case that would warrant the jury in finding that the defendants negligently furnished to the plaintiff an appliance for his use, and that he was injured, without fault on his part, while using such appliance. The judgment and order appealed from are affirmed, with costs.

Sedgwick, O. J., concurs.

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

Truant, J.

The action was brought to recover damages for injuries alleged to have been sustained by the plaintiff by reason of the negligence of the defendants. The only question in the case is the one presented by the defendants’ exception to the refusal of the court to dismiss the complaint. I am of the opinion that there was some evidence in the case that would warrant the jury in finding that the defendants negligently furnished to the plaintiff an appliance for his use, and that he was injured, without fault on his part, while using such appliance. The judgment and order appealed from are affirmed, with costs.

Sedgwick, O. J., concurs.

Cite This Page — Counsel Stack

Bluebook (online)

5 N.Y.S. 917, 1889 N.Y. Misc. LEXIS 2680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarthy-v-thorn-superctny-1889.