Appellate Terms of the Supreme Court of New York, 1924

Silver v. Haber

Silver v. Haber
Appellate Terms of the Supreme Court of New York · Decided November 18, 1924
123 Misc. 929; 206 N.Y.S. 669; 1924 N.Y. Misc. LEXIS 1243

Counsel

Julius Horwitz, for the appellant., Pettigrew, Glenney & Bovard {Laurence C. Stryker, of counsel), for the respondent.

Silver v. Haber

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.