Burger v. Kortright
New York Supreme Court
ON certiorari, from a justice’s court. Burger brought an action of trespass, before a justice of the peace, against Kortright, for damage done by his cattle on the land of Bürger, by reason of Kortright's not having made his share or part of the partition fence, between the parties, and also for the expense of making the fence, which Kortright, though requested, had refused to make.
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ON certiorari, from a justice’s court. Burger brought an action of trespass, before a justice of the peace, against Kortright, for damage done by his cattle on the land of Bürger, by reason of Kortright's not having made his share or part of the partition fence, between the parties, and also for the expense of making the fence, which Kortright, though requested, had refused to make. The defendant pleaded not guilty, and gave notice that be should offer evidence of damages, sustained by cattle, in consequence of the plaintiff’s not having made his proportion of the division fence. Issue was…
1Opinion of the CourtSpencer, J.
Two objections have been made to the judgment below. The first is, that the defendant below could not remit the damages found and that by the 12th section of the act for the more speedy recovery of debts to the value *415of 25 dollars, the justice is bound to give judgment on the verdict.
This court have disregarded a verdict for 6 cents, considering it as merely nominal. If a jury in this court should give the plaintiff more damages than he claims, by his declaration, there would be no hesitation in allowing a remittitur of the surplus beyond the damages laid in the declaration. So if in an…
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