Torts · MBE-tested
Catharine Tracy, Administratrix, etc., Respondent, v. Michael Kuntz, Appellant
47 N.Y. 663·New York Court of Appeals·1872·NY
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Opinion
Catharine Tracy, Administratrix, etc., Respondent, v. Michael Kuntz, Appellant.
(Submitted January 25, 1872;
decided January 30, 1872.)
Action to recover damages for injuries sustained by plaintiff’s intestate, by the alleged negligence of defendant’s servant, in driving against her a pair of horses attached to a heavy wagon.
J. M. Smith for appellant.
Dailey c& Perry for respondent.
[MAJORITY]
Agree to affirm, upon the ground that the exceptions do not present the question of contributory negligence of plaintiffs intestate.
All concur. Beckham, J., for affirmance on the merits.