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 November 27, 1900, 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. Plaintiff was not only a trespasser, but he was a criminal engaged deliberately in the commission of crime.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 27, 1900, 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. Plaintiff was not only a trespasser, but he was a criminal engaged deliberately in the commission of crime. (Penal Code, § 640, subd. 12.) The acts proven do not constitute negligence as between these parties. (Cooley on Torts, 660 ; Blyth v. Topham, 3 Croke, 158;…
1Opinion of the CourtO’Brien, J.
There is very little dispute with respect to the leading and important facts of this case, but the rule of law to be applied to the facts is not so clear. The defendant Hammond and his servant have been sued jointly in an action based upon a personal injury that the plaintiff sustained resulting" from the servant’s negligence, as is claimed. The jury rendered a verdict for the plaintiff of $15,000 and the judgment has been unanimously affirmed below.
In the year 1893 Hammond purchased over three hundred acres of wild forest land in Sullivan- county. By damming up small streams or springs and…
2Cited by8 opinions
- Rudd v. ByrnesCalifornia Supreme Court · 1909
- Magar v. . HammondNew York Court of Appeals · 1906
- Wachser v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1910
- Bocovsky v. Buffalo & Lake Erie Traction Co., New York County Courts1912
- Buckingham v. Eagle Warehouse & Storage Co.Appellate Division of the Supreme Court of the State of New York · 1919
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