18 How. Pr. 165
Decided September 15, 1857
New York Supreme Court · decided 1857-09-15
The evidence in -this case showed that the plaintiff was riding as a passenger, in her brother’s wagon, on a highway in Delaware county, where they were met by the defendant, who was driving two horses and a wagon. A collision occurred between the two wagons, that turned over the one in which the plaintiff was riding, threw her out upon the ground, and injured her.
Cited by 1 later decisions — most recently December 1865
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1857-09-15
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¶1said : The plaintiff is not chargeable with the negligence of the driver of the team after which she rode. She could have sued him for the injury she has sustained. The defendant is guilty of injuring her as well as he is. *166They have severally wronged her. She might sue either. She has chosen to bring her action against the defendant. The motion for a non-suit must be denied.
¶2The plaintiff had a verdict for $50 damages.