Magar v. Hammond
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Stoddard Hammond and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 11th day of January, 1900, upon the verdict of a jury for $15,000, and also from an order entered in said clerk’s office on the 11th day of January, 1900, denying the defendants’ motion for a new trial made upon the minutes, and also from an order granting the plaintiff an extra allowance of…
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Appeal by the defendants, Stoddard Hammond and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 11th day of January, 1900, upon the verdict of a jury for $15,000, and also from an order entered in said clerk’s office on the 11th day of January, 1900, denying the defendants’ motion for a new trial made upon the minutes, and also from an order granting the plaintiff an extra allowance of $750.
1Opinion of the Court
Goodrich, P. J.:
The plaintiff, while engaged in poaching upon the game and fishery preserves of the defendant Hammond, was shot by the defendant Tompkins, who was employed by Hammond to protect the premises. The plaintiff had a verdict of $15,000, and from the judgment entered thereon and the order denying a motion for a new trial the defendants appeal.
There was evidence tending to show the following facts: Ham*534monel was owner of'about 300 acres of wilderness in Sullivan county where he had made a clearing and built a residence. There was no other house within three miles, and there were no…
2Cases cited10 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Higgins v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1871
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3Cited by5 opinions
- Mills v. BunkeAppellate Division of the Supreme Court of the State of New York · 1901
- Todd v. Pacific Ry. & Navigation Co.Oregon Supreme Court · 1910
- Willis v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Magar v. HammondAppellate Division of the Supreme Court of the State of New York · 1904
- Willis v. Metropolitan St. Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1902