Read v. . Nichols
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial deparment, entered upon order made April 20, 1886, which affirmed a judgment in favor of defendants entered upon the verdict. This action was brought to recover damages for the destruction of two buildings of plaintiffs by fire, alleged to have been caused by the negligence of defendants. The facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial deparment, entered upon order made April 20, 1886, which affirmed a judgment in favor of defendants entered upon the verdict. This action was brought to recover damages for the destruction of two buildings of plaintiffs by fire, alleged to have been caused by the negligence of defendants. The facts are sufficiently stated in the opinion. It was error on the part of the court below to grant the non-suit as to the defendant, Hoses H. Nichols. (Addison on Torts, §§ 283, 1321; 2 Wait’s Law and Practice, 285; 8…
1Opinion of the CourtParker, J.
The court submitted to the jury five written propositions, with instructions that each be answered as they should determine the fact to be.
Plaintiff’s counsel excepted to such submission. It is unnecessary to determine whether the question sought to be presented by the exception merits consideration, for it was subsequently waived. The consent of counsel for both plaintiff and defendants that the written questions be withdrawn, upon which consent the court withdrew them, constituted a waiver of the exception taken to their submission.
The first of the five propositions submitted appears to…
2Cases cited4 opinions
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Smedis v. Brooklyn & Rockaway Beach RailroadNew York Court of Appeals · 1882
- Webb v. . R., W. and O.R.R. Co.New York Court of Appeals · 1872
- Newall v. . BartlettNew York Court of Appeals · 1889
3Cited by21 opinions
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Cole v. German Savings & Loan Soc.Court of Appeals for the Eighth Circuit · 1903
- Chicago, St. P., M. & O. Ry. Co. v. ElliottCourt of Appeals for the Eighth Circuit · 1893
- Hoffman v. . KingNew York Court of Appeals · 1899
- Silver Falls Timber Co. v. Eastern & Western Lumber Co.Oregon Supreme Court · 1934
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