Smith v. New York Central Railroad
New York Court of Appeals
Appeal from a judgment for the plaintiff on verdict affirmed , in the Supreme Court in General Term for the seventh district. The action was brought to recover for wood alleged to have been sold and delivered to the defendants.
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Appeal from a judgment for the plaintiff on verdict affirmed , in the Supreme Court in General Term for the seventh district. The action was brought to recover for wood alleged to have been sold and delivered to the defendants. One portion thereof alleged to have been bargained for on or about the 1st of August, 1857, and delivered by the plaintiff at Farmington station, in the county of Ontario, between the said 1st of August and the 1st of June, 1858. Another portion thereof alleged to have been sold and delivered by the plaintiff and one Brown, at Paddleford’s station, in the said county,…
1Opinion of the CourtWoodruff, J.
A careful examination of the testimony in this case is rendered necessary, by reason of the manner in which it was submitted to the jury. The late learned and highly esteemed justice of the Supreme Court, before whom the cause was tried, instead of confining himself to a statement of the legal principles which govern the rights of the parties, and submitting such questions of fact to the jury as were necessary to the application of these principles, or, as the parties desired to have submitted, preferred to instruct the jury, in a more summary manner, that, if they believed the testimony of…
2Cases cited1 opinion
- Downs & Skillinger v. RossNew York Supreme Court · 1840
3Cited by6 opinions
- Cooke v. . MillardNew York Court of Appeals · 1875
- Passaic Manufacturing Co. v. HoffmanNew York Court of Common Pleas · 1871
- Joy v. SchlossCity of New York Municipal Court · 1884
- Bates v. CosterNew York Supreme Court · 1874
- Parsons v. . LoucksNew York Court of Appeals · 1871
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