Frink v. Stevens
New York Supreme Court
Appeal from Cortland county court Action by Harvey Frink against Jacob Stevens for damages for injuries to plaintiff’s mare. Judgment in favor of plaintiff was rendered by the justice without a jury, which, on appeal to the county court, was modified and affirmed, with costs, and defendant appeals
1Opinion of the CourtMartin, J.
This action was for damages to the plaintiff’s mare, alleged to have been caused by the defendant’s wrongfully, illegally, and maliciously unhitching her and driving her out of his bam, through a doorway 20 feet above the ground, onto a barbed-wire fence, whereby she was injured, to the plaintiff’s damage of $40. The defendant appeared before the justice on the return day of the summons, but interposed no answer. He called for a jury, but, when informed that he must first join issue in the case, he left the *412court, and did not return. There was no direct evidence given on the trial showing…
2Cited by1 opinion
- Eisenbud v. GellertAppellate Terms of the Supreme Court of New York · 1899