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Six Carpenters 8 Coke 146 Tobiassen v Polley 96 N
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accident alleged American Law Institute Apiol Appeal from Supreme Appellate Division applied assault authority breach cause of action charge circumstances cited claim common law complaint concur consequences contract contributory negligence corporation Court of Appeals danger deceased decision defendant appeals defendant in error defendant's doctrine driver duty Eighth Avenue Railroad employees employment evidence exercise explosion fact favor fendant ground held highway horse hospital inference injury intent judge jury justify land liable libel malicious malicious prosecution Mass matter ment N. Y. Supp natural negligence nuisance operation opinion owner party person plaintiff in error potassium chlorate premises present principle proof prosecution proximate cause purpose question Railroad reasonable recover damages recovery refused remedy res ipsa loquitur responsible result reversed rule servant slander statute street supra Supreme Court sustained taxicab tion tort trespass Trial Term unlawful verdict words York