Price v. New Jersey Railroad
Supreme Court of New Jersey
Jn trespass. On motion for a new trial. This action came on to be tried at the circuit. The plaintiff claims damages of the defendants for the loss of two horses killed by a locomotive of the defendants.
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Jn trespass. On motion for a new trial. This action came on to be tried at the circuit. The plaintiff claims damages of the defendants for the loss of two horses killed by a locomotive of the defendants. A verdict was' rendered for the plaintiff, and an application for a new trial was made on two grounds — 1st, that upon the case as presented by the evidence, the plaintiff was' not lawfully entitled to recover; and 2d, that the court had admitted unlawful evidence against the objection of the defendants.
1Opinion of the Court
The Chief Justice.
This is an action of trespass. The *230injury complained of was the killing of two horses of the plaintiff by the locomotive of the defendants. The horses were upon the railroad track and were run over, as it is alleged, in consequence of the carelessness of the engineer in charge of the locomotive. It is not pretended that the act was wilfully done by the agent of the company, by force of any command or authority derived from them, express or implied.
It is obvious, therefore, that the only act of the defendants of which the plaintiff can complain, was the employment, by . them,…
2Cases cited6 opinions
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Fox v. Northern LibertiesSupreme Court of Pennsylvania · 1841
- Bush v. BrainardNew York Supreme Court · 1823
- Philadelphia, Germantown & Norristown Rail Road v. WiltSupreme Court of Pennsylvania · 1839
- People v. PineNew York Supreme Court · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Central Penn Nat'l Bank v. Stonebridge Ltd.New Jersey Superior Court Appellate Division · 1982
- Cole v. Pennsylvania Railroad CompanyNew Jersey Superior Court Appellate Division · 1949