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Barney v. Mackay

72 N.Y.S. 1094 Court N.Y. App. Term English

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p. 1094
BARNEY, Respondent, v. MACKAY, Appellant.
(Supreme Court, Appellate Term.
June, 1901.)

Headnote

Action by Augustus W. Barney against Henry Mackay.
R. A. M. Hobbs, for appellant. P. H. Loftus, for respondent.

The motion to dismiss the complaint at the close of plaintiff’s case should have been granted, because there was entire absence of facts showing any negligence by the driver of the runaway horses. Also, upon the whole case, it may be added that there is no proof that he was either negligent or unskillful. The horses were frightened by the near passage of an elevated train. Judgment reversed, and new trial ordered, with costs to abide event.