Legal Opinion

Campbell v. Ludin

Appellate Terms of the Supreme Court of New York

Decided May 16, 1907PublishedCited by 1 opinion

Appeal from Municipal Court, Borough of the Bronx, Eirst District. Action by Bernard Campbell against Susan A. Eudin and another, trading as the New York Bottling Company. From a judgment for plaintiff, defendants appeal.

1Per curiam

The value of the horse injured was a question of fact for the jury, and they should have been left free to determine it. The learned justice erred in instructing the jury that, if they found a verdict for the plaintiff, it must be for $150. Reves v. Hyde, 14 Daly, 432.

Judgment reversed, and new trial ordered, with costs to appellants to abide the event.

2Cited by1 opinion

  1. Acme Pattern & Machine Co. v. RuchteAppellate Division of the Supreme Court of the State of New York · 1928