Magar v. . Hammond
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 14, 1904, affirming a judgment in favor of plaintiff entered upon -a verdict and an order denying a motion for a new trial. The nature of the action, and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 14, 1904, affirming a judgment in favor of plaintiff entered upon -a verdict and an order denying a motion for a new trial. The nature of the action, and the facts, so far as material, are stated in the opinion. The defendant Hammond being in the lawful possession of this property, and the defendant Tompkins being lawfully in 1ns employ in preserving the property, owed no duty to the plaintiff except to abstain from doing him willful and unnecessary injury. (Cooley on Torts,…
1Opinion of the Court
Cullen, Ch. J.
This action was brought to recover damages for injuries inflicted on the plaintiff by a bullet from a rifle discharged by the defendant Tompkins, a watchman or gamekeeper employed by the defendant Hammond to guard a fishpond, and against said Hammond. The pond was situate in a tract of three hundred acres of forest land in Sullivan county in this state. The defendant Hammond had stocked it with fish and posted the notices required by law for its protection. The plaintiff, with two companions, at night, had been taking trout from the pond and was in the woods on its bank when…
2Cases cited14 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1882
- Craven v. . BloomingdaleNew York Court of Appeals · 1902
- Sutton v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1876
9 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Scurti v. City of New YorkNew York Court of Appeals · 1976
- People v. CherryNew York Court of Appeals · 1954
- Sharp v. . Erie R.R. Co.New York Court of Appeals · 1906
- Nelson v. American-West African Line, Inc.Court of Appeals for the Second Circuit · 1936
- Penas v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1910
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