Legal Opinion

MacGowan v. Duff

New York Court of Common Pleas

Decided December 5, 1887PublishedCited by 3 opinions

Appeal from a judgment of this court entered upon the verdict of a jury and from an order denying a motion for a new trial. The facts are stated in the opinion.

1Opinion of the Court

Per Curiam.— [Present, Daly and Van Hoesen, JJ.]

■—The learned judge told the jury that “if there was a disposition on the part of the defendant’s agent to insult the plaintiff, and subject him to contempt and ridicule, which could only proceed from motives or feelings of malice, then the law permits the imposing of exemplary damages.”

We think that that instruction was erroneous, because there is not in the case any evidence from which the jury could fairly conclude that the defendant’s employes wished or intended to insult the plaintiff, or to subject him to ridicule or contempt; and it has…

2Cases cited5 opinions

  1. Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
  2. Townsend v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
  3. Storey v. . BrennanNew York Court of Appeals · 1857
  4. Magoverning v. StaplesNew York Supreme Court · 1873
  5. Rouse v. LewisNew York Court of Appeals · 1866

3Cited by3 opinions

  1. Aaron v. . WardNew York Court of Appeals · 1911
  2. Smith v. LeoNew York Supreme Court · 1895
  3. Aaron v. WardAppellate Division of the Supreme Court of the State of New York · 1910

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