85 N.Y.S. 89 | N.Y. App. Div. | 1903
The action is brought to recover $5,000 damages for personal injuries and for injuries to personal property alleged to have been sustained through the negligence of the defendant. It is alleged in the complaint that the plaintiff was riding in a victoria on Riverside drive in the city of New York, and that the defendant, while operating an automobile in the same direction, overtook and negligently ran her down, inflicting personal injuries and also injuring her horses and damaging her victoria.
Until the recent decision of the Court of Appeals in the case of Reilly v. Sicilian Asphalt Paving Co. (170 N. Y. 40), holding that a recovery for injuries to personal property is not a bar to a subsequent action for personal injuries sustained by the owner of the property through the same negligent act, it was quite generally supposed by
It follows, therefore, that the order, so far as appealed from, should be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs.
Van Brunt, P, J., Patterson, Ingraham and Hatch, JJ., concurred.
Order só far as appealed from reversed, with ten dollars costs and disbursements, and motion granted, With ten dollars costs.