Millard v. . Brown
New York Court of Appeals
Appeal from judgment of General Term, affirming judgment for plaintiff, entered on the verdict of a jury. The plaintiff’s complaint contained two counts, substantially alike, charging the defendant with negligence, in wrongfully, unjustly and maliciously excavating a pit or hole in the public street running north and south through the village of York, Livingston county, and leaving it open, without fixing or placing any fence or guard around it, or any signal in the…
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Appeal from judgment of General Term, affirming judgment for plaintiff, entered on the verdict of a jury. The plaintiff’s complaint contained two counts, substantially alike, charging the defendant with negligence, in wrongfully, unjustly and maliciously excavating a pit or hole in the public street running north and south through the village of York, Livingston county, and leaving it open, without fixing or placing any fence or guard around it, or any signal in the night-time, to denote or show that the same was there; in consequence of which, the plaintiff, while lawfully traveling along…
1Opinion of the CourtMorgar, J.
It seems to have been assumed by the judge, in his charge to the jury, that the defendant excavated the cellar on his own premises for the purpose of erecting a store; and yet, on the trial, he excluded evidence tending to show that the excavation was lawfully made for that purpose. In this class of actions, where the right of the jury to give exemplary damages is conceded in a case of gross negligence or recklessness, it is always proper to inquire into the conduct of the defendant, so as to enable the jury to determine whether the ease is one which calls for such damages.
If the plaintiff…
2Cited by13 opinions
- Craven v. . BloomingdaleNew York Court of Appeals · 1902
- Smith v. BagwellSupreme Court of Florida · 1882
- 111 East 88th Partners v. SimonCivil Court of the City of New York · 1980
- Morely v. DunbarWisconsin Supreme Court · 1869
- Thompson v. LumleyNew York Court of Common Pleas · 1877
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