Knapp v. Dagg

18 How. Pr. 165 | N.Y. Sup. Ct. | 1857

Balcqm, Justice,

said : 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. They 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.

The plaintiff had a verdict for $50 damages.