Horner v. Wood
New York Supreme Court
Appeal from a judgment entered at a special term, upon the verdict of a jury. The complaint alleged the making of a contract between the plaintiffs and the defendants, by which, among other things, it was agreed that the plaintiffs should furnish to the defendants steam power from their steam engine in the Sing Sing prison, sufficient to drive six grindstones,- and other machinery therein specified, to do certain specified work for the defendants, for one year from the first…
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Appeal from a judgment entered at a special term, upon the verdict of a jury. The complaint alleged the making of a contract between the plaintiffs and the defendants, by which, among other things, it was agreed that the plaintiffs should furnish to the defendants steam power from their steam engine in the Sing Sing prison, sufficient to drive six grindstones,- and other machinery therein specified, to do certain specified work for the defendants, for one year from the first day-of May, 1851, for $100 per month, payable at the end of each month; and averred performance on the -part of the…
1Opinion of the Court
By the Court, S. B. Strong, J.
The plaintiffs seek to recover a stipulated monthly compensation for furnishing, or being ready to furnish, certain steam power to the defendants, from the first of May to the first of November, 1851. The defendants offered to prove that accidents fatal to human life had resulted from the use of the machinery which supplied the power, both before they had commenced, and after they had ceased, using it. The proposed evidence to that effect was excluded by the learned judge who tried the cause. The defendants’ object was to show a satisfactory reason for abandoning…
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