Tracy v. Kuntz — 47 N.Y. 663

Majority

p. 663

Catharine Tracy, Administratrix, etc., Respondent, v. Michael Kuntz, Appellant.

(Submitted January 25, 1872;

decided January 30, 1872.)

Headnote

Action to recover damages for injuries sustained by plaintiff’s intestate, by the alleged negligence of defendant’s servant, in driving against her a pair of horses attached to a heavy wagon.

p. 664

J. M. Smith for appellant.

Dailey c& Perry for respondent.

Agree to affirm, upon the ground that the exceptions do not present the question of contributory negligence of plaintiffs intestate.

All concur. Beckham, J., for affirmance on the merits.