Bennett v. Lockwood & Carter
New York Supreme Court
Error from the Oswego common pleas. Lockwood and Car-' ter sued Bennett in a justice’s court, and declared in an action on the case, for taking a horse and wagon belonging to the plaintiffs from the possession of one Crippen, to whom the same had been let, and using the horse and wagon. The plaintiffs alleged, by way of special damage, that they had been subjected to expenses in searching for their property.
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Error from the Oswego common pleas. Lockwood and Car-' ter sued Bennett in a justice’s court, and declared in an action on the case, for taking a horse and wagon belonging to the plaintiffs from the possession of one Crippen, to whom the same had been let, and using the horse and wagon. The plaintiffs alleged, by way of special damage, that they had been subjected to expenses in searching for their property. The plaintiffs obtained in the justice’s court a verdict for $32, and on appeal to the Oswego C. P. a verdict was rendered in their favor for $53. The plaintiffs proved that four days…
1Opinion of the Court
By the Court, Nelson, Ch. J.
The defendant took the horse and wagon of the plaintiffs wrongfully, and used them, by reason of which taking the plaintiffs were induced to believe that the person to whom they had hired it temporarily had absconded, and therefore they went in pursuit of their property, and expended time and money. It is insisted for the plaintiff in error that the common pleas erred in allowing the plaintiffs to recover for the time spent and expenses incurred, on the ground that the damages thus claimed were not the natural or necessary consequence of the wrongful taking.…
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- Mack v. South Bound R. R.Supreme Court of South Carolina · 1898
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