New York Mail Co. v. Joline

Appellate Terms of the Supreme Court of New York

New York Mail Co. v. Joline

112 N.Y.S. 1067

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 24, 1908

StatusPublished

This text of 112 N.Y.S. 1067 (New York Mail Co. v. Joline) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

New York Mail Co. v. Joline, 112 N.Y.S. 1067 (N.Y. Ct. App. 1908).

Pincite

Opinion

PER CURIAM.

The plaintiff’s team driven southward on the uptown railway tracks fell something after midnight into an excavation in the street, not made by the defendant, although running across under its tracks, but by some one for the “McAdoo Tunnel.” Nothing was proven herein showing any liability of the defendants. Some of its servants present on the scene did unavailingly try to prevent the accident by warning the driver, and others arriving later with a wrecking wagon endeavored without success with their tackle to rescue the horse injured. These efforts to assist the plaintiff’s driver out of his distress were not part of -the duty of the defendant’s servants, and their failure did not bring them into connection with the accident. The judgment must be reversed.

Judgment reversed, and new trial ordered, with costs to appellants to abide the event.

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PER CURIAM.

The plaintiff’s team driven southward on the uptown railway tracks fell something after midnight into an excavation in the street, not made by the defendant, although running across under its tracks, but by some one for the “McAdoo Tunnel.” Nothing was proven herein showing any liability of the defendants. Some of its servants present on the scene did unavailingly try to prevent the accident by warning the driver, and others arriving later with a wrecking wagon endeavored without success with their tackle to rescue the horse injured. These efforts to assist the plaintiff’s driver out of his distress were not part of -the duty of the defendant’s servants, and their failure did not bring them into connection with the accident. The judgment must be reversed.

Judgment reversed, and new trial ordered, with costs to appellants to abide the event.

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Bluebook (online)

112 N.Y.S. 1067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-mail-co-v-joline-nyappterm-1908.