Dwight v. Elmira, Cortland and Northern Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 29, 1890, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover damages for alleged negligence. The facts, so far as material, are stated in the opinion. The referee adopted an erroneous rule as to the measure of damages.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 29, 1890, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover damages for alleged negligence. The facts, so far as material, are stated in the opinion. The referee adopted an erroneous rule as to the measure of damages. The rule as to the measure of damages when an injury is done to the inheritance is the difference in its value before and after the injury or trespass. (Argotsinger v. Vines, 82 N.…
1Opinion of the CourtParker, J.
The judgment awards to the plaintiff five hundred and three dollars for damages occasioned by the defendant’s negligence, in setting on fire and destroying twenty-one apple trees, two cherry trees, and two and one-half tons of standing grass, and also injuring seven apple trees, the property of plaintiff.
The only question presented on this appeal, is whether the proper measure of damages was adopted on the trial.
A witness called by the plaintiff was asked: Q. What were those twenty-one trees worth at the time they were killed? Objection was made that the evidence did not tend to prove the…
2Cases cited18 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- Stockbridge Iron Co. v. Cone Iron WorksMassachusetts Supreme Judicial Court · 1869
- Dougherty v. ChesnuttTennessee Supreme Court · 1887
- Argotsinger v. . VinesNew York Court of Appeals · 1880
- Whitbeck v. New York Central Rail RoadNew York Supreme Court · 1862
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3Cited by5 opinions
- Cooley v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1899
- Dietzel v. . City of New YorkNew York Court of Appeals · 1916
- Benavie v. BakerAppellate Division of the Supreme Court of the State of New York · 1979
- Edsall v. HowellNew York Supreme Court · 1895
- Stevens v. StateNew York Court of Claims · 1909