Murphy v. City of Yonkers

New York Supreme Court

Murphy v. City of Yonkers

13 N.Y.S. 401, 38 N.Y. St. Rep. 32, 59 Hun 618, 1891 N.Y. Misc. LEXIS 1140

DecidedFebruary 11, 1891

StatusPublished

This text of 13 N.Y.S. 401 (Murphy v. City of Yonkers) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Murphy v. City of Yonkers, 13 N.Y.S. 401, 38 N.Y. St. Rep. 32, 59 Hun 618, 1891 N.Y. Misc. LEXIS 1140 (N.Y. Super. Ct. 1891).

Pincite

Opinion

Dykman, J.

This is an appeal from a judgment of the city court of Yonkers in favor of the plaintiff against the defendant. The action was brought [402]*402against the city for the recovery of damages resulting to the plaintiff from a fall from a carriage in one of the public streets within the limits of the corporation. The plaintiff was riding in a coach on his return from a funeral, when the driver was thrown from his seat by a sudden lurch of the coach, and the horses became frightened, and ran some distance, until the coaeli was upset. The plaintiff remained in the coach, and received his injuries when it was overturned. The trial was before a jury, and the plaintiff recovered a verdict, which is supported by the evidence. There are many exceptions in the ease, but they present no material error. The judgment should be affirmed, with costs.

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Dykman, J.

This is an appeal from a judgment of the city court of Yonkers in favor of the plaintiff against the defendant. The action was brought [402]*402against the city for the recovery of damages resulting to the plaintiff from a fall from a carriage in one of the public streets within the limits of the corporation. The plaintiff was riding in a coach on his return from a funeral, when the driver was thrown from his seat by a sudden lurch of the coach, and the horses became frightened, and ran some distance, until the coaeli was upset. The plaintiff remained in the coach, and received his injuries when it was overturned. The trial was before a jury, and the plaintiff recovered a verdict, which is supported by the evidence. There are many exceptions in the ease, but they present no material error. The judgment should be affirmed, with costs.

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Bluebook (online)

13 N.Y.S. 401, 38 N.Y. St. Rep. 32, 59 Hun 618, 1891 N.Y. Misc. LEXIS 1140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-city-of-yonkers-nysupct-1891.