Excelsior Electric Co. v. Sweet
Supreme Court of New Jersey
On error to review a judgment of the Supreme Court affirming a judgment of the Hudson Circuit. For opinion of the Supreme Court, see 28 Vroom 224. The Excelsior Electric Company, under lawful authority, maintained an electric light over the centre of Harrison avenue, in the town of Harrison.
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On error to review a judgment of the Supreme Court affirming a judgment of the Hudson Circuit. For opinion of the Supreme Court, see 28 Vroom 224. The Excelsior Electric Company, under lawful authority, maintained an electric light over the centre of Harrison avenue, in the town of Harrison. The lamp was suspended in the following mariner: On each side of the avenue a pole stood near thé curb, and from one pole to the other a strong wire was stretched about twenty feet above the street, and in the middle of the wire a pulley was fastened; another pulley was fixed upon one of the poles at the…
1Opinion of the Court
The opinion of the court was delivered by
Dixon, J.
It is a cardinal rule for the control of a trial court that the questions submitted to the jury should be within the issues raised by the pleadings.
From what is above stated, it plainly appears that the pleadings in this case presented no issue as to the state or position of the cleat, the sole complaint being as to the rotten, weak, insufficient and defective condition of the rope and pulleys. It was, therefore, erroneous for the judge to submit such an issue to the jury under the pleadings as they stood (Martinez v. Runkle, 28 Vroom 111),…
2Cases cited4 opinions
- Corning v. . CorningNew York Court of Appeals · 1851
- Curtiss v. LawrenceNew York Supreme Court · 1819
- Executors of Van Rensselaer v. Executors of PlatnerNew York Supreme Court · 1800
- Martinez v. RunkleSupreme Court of New Jersey · 1894
3Cited by18 opinions
- Miller v. MuscarelleNew Jersey Superior Court Appellate Division · 1961
- Zelof v. Capital City Transfer, Inc.Wisconsin Supreme Court · 1966
- Lang v. BakerSupreme Court of New Jersey · 1985
- First Nat. Bank v. CalkinsSouth Dakota Supreme Court · 1903
- Navarro v. MartinUnited States District Court · 1944
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