67 N.J.L. 255
Decided March 3, 1902
Supreme Court of New Jersey · decided 1902-03-03
<p>From the fact that a quiet, gentle horse was left standing untied in the public street, free from the presence of anything which might frighten or disturb him, the driver being within from five to eight feet of the wagon to which the horse was hitched, it appearing that the driver had been accustomed to use the horse in that way for many years without an accident, no inference can arise that the act is negligent.</p>
Cited by 2 later decisions — most recently June 1953
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1902-03-03
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¶1(dissenting). In my judgment the trial court committed no reversible error in declining to charge the request in question, because it immediately proceeded to give instructions on the subject which were, in my judgment, unexceptional.
¶2For affirmance — Van Syckel, Dixon, Garrison, Collins, Garretson, Krueger, Vredenburgh, Vooriiees. 8.
¶3For reversal — The Chancellor, Hendrickson, Pitney, Adams, Vroom. 5.