Rogers v. Rogers
New York Supreme Court
Error from the Suffolk common pleas. M. Rogers sued D. Rogers in a justice’s court in an action of trespass for wasting ashes belonging to the plaintiff, deposited by him in the highway within 100 feet of the defendant’s house. The ashes were deposited in the evening; the next day the defendant complained that he had been insulted, and went to work and threw five or six bushels of the ashes into his own lot; for the doing of which the suit was brought.
Read the full summary
Error from the Suffolk common pleas. M. Rogers sued D. Rogers in a justice’s court in an action of trespass for wasting ashes belonging to the plaintiff, deposited by him in the highway within 100 feet of the defendant’s house. The ashes were deposited in the evening; the next day the defendant complained that he had been insulted, and went to work and threw five or six bushels of the ashes into his own lot; for the doing of which the suit was brought. The defendant insisted that the ashes thus deposited were a nuisance, and that he had a right to abate it. He proved that the ashes were in…
1Opinion of the Court
By the Court,
Sutherland, J.
The challenge to the juror was well taken and should have been allowed by the justice. The opinion expressed by the juror was not founded upon a mere loose rumor of the facts, but upon information derived from the party himself, who of all other persons may be supposed the best acquainted with them. This brings the case precisely within the principle established in Ex parte Vermilyea, 6 Cowen, 555, and the previous cases there referred to, 564. In Blake v. Millspaugh, 1 Johns, R. 316, the juror had expressed an opinion that the act of the defendant for which he was…
2Cases cited2 opinions
- People v. MatherNew York Supreme Court · 1830
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
3Cited by4 opinions
- Inhabitants of Arundel v. M'CullochMassachusetts Supreme Judicial Court · 1813
- Laidlaw v. SageAppellate Division of the Supreme Court of the State of New York · 1896
- Carnal v. PeopleNew York Supreme Court · 1851
- Northrop v. BurrowsNew York Supreme Court · 1860