Setzkorn v. City of Buffalo — 246 N.Y. 605

Majority

p. 605

William A. Setzkorn, Respondent, v. City of Buffalo, Appellant, Impleaded with Another.

Headnote

Negligence — automobile damaged by collision with runaway team.

Setzkorn v. City of Buffalo, 219 App. Div. 416 , affirmed.

(Argued October 21, 1927;

decided November 22, 1927.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial

p. 606

department, entered January 5, 1927, unanimously affirming a judgment of Special Term which affirmed a judgment of the City Court of Buffalo in favor of plaintiff. The action was to recover for damage to plaintiff’s automobile arising from a collision with a team of horses attached to a wagon owned and operated by defendant-appellant. The automobile was parked near the curb on the south side of North street, seventy-five feet west of Irving place. The team ran away and dashed into the automobile.

S. H. Millener for appellant.

Frederick F. Grotz for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and O’Brien, JJ. Not sitting: Kellogg, J.