Crosby v. President
New York Supreme Court
Appeal from circuit court, Ulster county. Action by Abel A. Crosby, Charles Reynolds, and Grove Webster, survivors of Artemas Sahler, deceased, against the president, managers, and company of the Delaware & Hudson Canal Company, to recover damages for the alleged wrongful taking arid conversion of a large quantity of lumber. From a judgment for plaintiffs, entered on a verdict, defendants appeal. Affirmed.
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Appeal from circuit court, Ulster county. Action by Abel A. Crosby, Charles Reynolds, and Grove Webster, survivors of Artemas Sahler, deceased, against the president, managers, and company of the Delaware & Hudson Canal Company, to recover damages for the alleged wrongful taking arid conversion of a large quantity of lumber. From a judgment for plaintiffs, entered on a verdict, defendants appeal. Affirmed. For former reports, see 40 Hun, 637, mem.; 8 N. Y. Supp. 936, mem., reversed by 23 N. E. Rep. 736; 13 N. Y. Supp. 306, reversed by 28 N. E. Rep. 363.
1Opinion of the CourtPutnam, J.
The lumber, to recover the value of which this action was brought, was originally owned by the defendants; and the burden was upon the plaintiffs, on the trial, to show a sale thereof from the defendants to the Harndens. The question to be determined is, was there sufficient evidence of such sale to submit the question to the jury, or, as the appellants insist, should the court below have granted defendants’ motion for a nonsuit?' The trial court held that to grant such a motion “would be invading the prerogatives of the jury.” A careful consideration of the evidence given upon the trial, and…
Also in this document: Concurrence.
2Cases cited4 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- Koehler v. . AdlerNew York Court of Appeals · 1879
- Crosby v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1890