Brown v. Hoburger
New York Supreme Court
THIS action was commenced before M. L. Taylor, a justice of the peace of the town of Brighton, in the county of Monroe, to recover the sum of seventy-five dollars, the alleged value of the plaintiff’s farm dog, which, as was averred in the complaint, the defendant by himself or his agent, willfully and without cause, shot and killed, on or about the 19th day of November, 1867, in the town of Chili, in said county.
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THIS action was commenced before M. L. Taylor, a justice of the peace of the town of Brighton, in the county of Monroe, to recover the sum of seventy-five dollars, the alleged value of the plaintiff’s farm dog, which, as was averred in the complaint, the defendant by himself or his agent, willfully and without cause, shot and killed, on or about the 19th day of November, 1867, in the town of Chili, in said county. The defendant, for answer to the complaint, denied each and every allegation thereof, and for a further defense alleged that the said dog, at the time of the killing thereof, was in…
1Opinion of the Court
By the Court, Johnson, J.
The jury, upon the evidence, found a verdict against the plaintiff. The only error which the plaintiff complains of, was the ruling of the court upon the trial, excluding the evidence offered of the opinion of a witness, as to the value of the dog killed by the defendant. In Dunlap v. Snyder, (17 Barb. 561,) it was held unanimously by the four judges that such evidence was incompetent, overruling the decision in Brill v. Flagler, (23 Wend. 354.) It was held in that case that the jury were the judges of the value of the animal, after hearing all the evidence touching…
2Cases cited1 opinion
- Dunlap v. SnyderNew York Supreme Court · 1854
3Cited by4 opinions
- Hopt v. UtahSupreme Court of the United States · 1887
- People v. HoptUtah Supreme Court · 1886
- Lawton v. SteeleNew York Supreme Court · 1889
- People v. KerrainsNew York Supreme Court · 1873