Moody v. McDonald
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. This was an action brought by plaintiffs to recover damages from the defendant for injuries sustained by plaintiff’s wife, on the 23d day of June, 1853, by reason of the carelessness and negligence of the defendant, by his agents and servants, in recklessly and improperly discharging a blast, at defendant’s stone quarry, and by neglecting to give proper notice thereof.
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Appeal from the Superior Court of the City of San Francisco. This was an action brought by plaintiffs to recover damages from the defendant for injuries sustained by plaintiff’s wife, on the 23d day of June, 1853, by reason of the carelessness and negligence of the defendant, by his agents and servants, in recklessly and improperly discharging a blast, at defendant’s stone quarry, and by neglecting to give proper notice thereof. The damages were laid at $3,000, Defendant denied all the allegations of the complaint. The cause was tried on the 15th day of September, 1853. After the evidence on…
1Opinion of the Court
*Mr. J. Heydeneeldt
delivered the opinion of the [299] Court.
Mr. Ch. J. Murray and Mr. Justice Wells concurred.
The Court erred in laying down the measure of damages. In cases of negligence simply, the rule is to allow the actual damages. The Court should also have recorded the verdict as it was rendered by the jury, and as the record discloses how it was rendered, we must treat that as the verdict which the jury actually brought in.
How then does the case stand ? The jury find $2,500 actual damages, and $2,500 smart money. The award of smart money, under the charge of the Court, suffices to…
2Cited by7 opinions
- Davis v. HearstCalifornia Supreme Court · 1911
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- Woodman v. NottinghamSupreme Court of New Hampshire · 1870
- Spencer v. San Francisco Brick Co.California Court of Appeal · 1907
- Nicholas v. Harger-HaldemanCalifornia Court of Appeal · 1961
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