Silver v. Haber

Appellate Terms of the Supreme Court of New York

Silver v. Haber

123 Misc. 929, 206 N.Y.S. 669, 1924 N.Y. Misc. LEXIS 1243

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 18, 1924

StatusPublished

This text of 123 Misc. 929 (Silver v. Haber) 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

Silver v. Haber, 123 Misc. 929, 206 N.Y.S. 669, 1924 N.Y. Misc. LEXIS 1243 (N.Y. Ct. App. 1924).

Pincite

Opinion

Per Curiam.

Whether it was negligence on the part of the driver to allow the bit to be out of the horse’s mouth, and whether in the exercise of reasonable care he should have discovered that fact before he left the defendant’s store were questions among others that should have been submitted to the jury.

Judgment reversed and a new trial ordered, with thirty dollars costs to the appellant to abide the event.

All concur; present, Guy, Bijur and Mullan, JJ.

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Per Curiam.

Whether it was negligence on the part of the driver to allow the bit to be out of the horse’s mouth, and whether in the exercise of reasonable care he should have discovered that fact before he left the defendant’s store were questions among others that should have been submitted to the jury.

Judgment reversed and a new trial ordered, with thirty dollars costs to the appellant to abide the event.

All concur; present, Guy, Bijur and Mullan, JJ.

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Bluebook (online)

123 Misc. 929, 206 N.Y.S. 669, 1924 N.Y. Misc. LEXIS 1243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silver-v-haber-nyappterm-1924.