Slingerland v. Gillespie
Supreme Court of New Jersey
On defendants’ rule to show cause why a,new trial should not be granted and plaintiff’s motion to amend her declaration to increase the claim of damages so as to conform to the verdict. The plaintiff declared as in trespass vi et armis for the rolling against her person of a steel pipe of great weight, and the seizing and pulling her about by the servants of the defendants on December 24th, 1891, in the township of Pequannock, in the county of Morris.
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On defendants’ rule to show cause why a,new trial should not be granted and plaintiff’s motion to amend her declaration to increase the claim of damages so as to conform to the verdict. The plaintiff declared as in trespass vi et armis for the rolling against her person of a steel pipe of great weight, and the seizing and pulling her about by the servants of the defendants on December 24th, 1891, in the township of Pequannock, in the county of Morris. She claimed $5,000 as damages. The defendants pleaded not guilty, and also that, they being in lawful possession of a described close in said…
1Opinion of the Court
The opinion of the court was delivered by
Collins, J.
It incidentally appears in the evidence that the plaintiff had previously sued the East Jersey Water Company for the same alleged cause of action. We find that a verdict recovered in that case of $5,000 was set aside by this court, and as some of the legal questions now involved were then settled, it will be necessary to advert to the opinion read by Chief Justice Beasley on that occasion. Slingerland v. East Jersey Water Company, 29 Vroom 411.
The state of facts recited was the same as that above given, except that there seems to have been…
2Cases cited2 opinions
- State v. Mayor of NewarkSupreme Court of New Jersey · 1891
- Slingerland v. East Jersey Water Co.Supreme Court of New Jersey · 1896
3Cited by3 opinions
- Calhanas v. South Amboy Roller RinkNew Jersey Superior Court Appellate Division · 1996
- Martinez v. W. G. Fritz Co.Pennsylvania Court of Common Pleas · 1933
- Slingerland v. GillespieSupreme Court of New Jersey · 1904