Jaycox v. Pinney
New York Supreme Court
APPEAL by the. defendant from a Judgment of the county court of Jefferson county, reversing a judgment of a justice of the peace. The action was brought before a justice of the peace to recover damages for the loss of a cow, whose death, it was alleged, had been caused by the negligence of the defendant. The complaint, which was in writing, alleged that the plaintiff had sustained damage in the sum of $60, and demanded judgment for that sum and costs."
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APPEAL by the. defendant from a Judgment of the county court of Jefferson county, reversing a judgment of a justice of the peace. The action was brought before a justice of the peace to recover damages for the loss of a cow, whose death, it was alleged, had been caused by the negligence of the defendant. The complaint, which was in writing, alleged that the plaintiff had sustained damage in the sum of $60, and demanded judgment for that sum and costs." The answer was a general denial. Upon the issue thus formed, the parties went to trial before the justice, and without a jury. Evidence was…
1Opinion of the Court
By the Court,
Talcott, J.
This was an action to recover the value of the plaintiff’s cow, killed by the negligence of the defendant. The action was originally brought before a justice of the peace. The cause was tried before the justice, without a jury, and the plaintiff recovered a judgment of $35, damages and costs.
The judgment rendered by the justice was reversed by the county court of Jefferson county, upon the sole ground that, on the trial, the justice allowed a certain amendment to the complaint; and his power to allow the amendment is the only question argued on this appeal.
In his…
2Cases cited1 opinion
- Woolley v. WilberNew York Supreme Court · 1847
3Cited by2 opinions
- Bunke v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Sherwood v. New York Telephone Co.Appellate Terms of the Supreme Court of New York · 1904