Spencer v. Saratoga & Washington Railroad
New York Supreme Court
This action was commenced in May, 1850, before a justice of the peace, and was tried on the 14th of June thereafter, before the justice and a jury. The action was brought to recover damages sustained by the plaintiff, the year previous, occasioned by the defendants and their servants in constructing the tunnel in their railroad at the north end of Church-street in Whitehall.
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This action was commenced in May, 1850, before a justice of the peace, and was tried on the 14th of June thereafter, before the justice and a jury. The action was brought to recover damages sustained by the plaintiff, the year previous, occasioned by the defendants and their servants in constructing the tunnel in their railroad at the north end of Church-street in Whitehall. The jury found a verdict for the plaintiff for one hundred dollars, on which the justice gave judgment, which was afterwards affirmed on appeal by the county court of Washington county. The defendants appealed from the…
1Opinion of the CourtWillard, P. J.
The settlement between Baxter and the defendant in May, 1849, of all damages sustained by him, did not authorize the defendant to inflict an injury upon the plaintiff, who purchased out Baxter.
The written contract under which Hitehins did the work off the railroad, Ayas immaterial to this action. The plaintiff was not a party to it, and was not required to produce it. It was from the nature of the case, within the knoAvledge and probably under the control of the defendants, and if they deemed it material, they should have produced it themselves. The tunnel was constructed for the defendants,…
2Cases cited4 opinions
- Supervisors of Chenango v. BirdsallNew York Supreme Court · 1830
- Harger v. EdmondsNew York Supreme Court · 1848
- Bort v. SmithNew York Supreme Court · 1848
- Culver v. HaslamNew York Supreme Court · 1849
3Cited by5 opinions
- Honsee v. HammondNew York Supreme Court · 1862
- Biglow v. SandersNew York Supreme Court · 1856
- Buck v. Waterbury & JordanNew York Supreme Court · 1852
- Martin v. HoughtonNew York Supreme Court · 1865
- Milliner v. LucasNew York Supreme Court · 1875