Vandenburgh v. Truax
New York Supreme Court
Error to Schenectady G. P. Truax sued Vandenburgh before a justice; and the return states that the plaintiff declared in an action of trespass, that on the 16th or 18th of April, 1842, defendant did wilfully drive a black boy through his [plaintiff’s] store, knock a cock, or faucet, from his barrel, and destroy two gallons of port wine, to his damage of $50. Plea, the general issue.
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Error to Schenectady G. P. Truax sued Vandenburgh before a justice; and the return states that the plaintiff declared in an action of trespass, that on the 16th or 18th of April, 1842, defendant did wilfully drive a black boy through his [plaintiff’s] store, knock a cock, or faucet, from his barrel, and destroy two gallons of port wine, to his damage of $50. Plea, the general issue. The case proved was as follows : A negro boy, about sixteen or eighteen years old, was the plaintiff’s ostler; the boy was seen in the street at Schenectadjr, near the plaintiff’s store, approaching the defendant…
1Opinion of the Court
By the Court, Bronson, Ch. J.
It may be laid down as a general rule, that when one does an illegal or mischievous act, which is likely to prove injurious to others, and when he does a legal act in such a careless and improper manner that injury to third persons may probably ensue, he is answerable, in some form of action, for all the consequences which may directly and naturally result from his conduct; and in many cases he is answerable criminally as well as civilly. It is not necessary that he should intend to do the particular injury which follows; nor *466indeed, any injury at all. If a man…
2Cases cited1 opinion
- Guille v. SwanNew York Supreme Court · 1822
3Cited by69 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Baltimore & Potomac Railroad v. ReaneyCourt of Appeals of Maryland · 1875
- Lowery v. . Manhattan Railway Co.New York Court of Appeals · 1885
- Billman v. Indianapolis, Cincinnati & Lafayette RailroadIndiana Supreme Court · 1881
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