Clark v. Masters
The Superior Court of New York City
Motion for a new trial upon a case containing exceptions, which, at the trial, were ordered to be-heard, in the first instance, at the General Term.
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Motion for a new trial upon a case containing exceptions, which, at the trial, were ordered to be-heard, in the first instance, at the General Term. The action was tried before Mr. Justice Campbell, and a jury, in April, 1855. The action was for the wrongful detention of a large quantity of wheat, valued in the complaint at $4,822. The complaint claimed damages for the detention of the goods to the amount of $5,000. The defence, substantially was, that the wheat had been detained in consequence of the wrongful refusal of the plaintiffs to pay the freight and other charges of transportation.…
1Opinion of the CourtBy the Court. Duer, J.
We are clearly of opinion that the Judge erred in the instructions that he gave to the jury, and that upon the facts in evidence not contested, and the special finding of the jury, the plaintiffs were entitled to a verdict; they had proved all the facts necessary to maintain the action.
If, indeed, the special question put to the jury, whether “ the witness, Littlejohn, stated to Mr. Clark, that if he would furnish a lighter at his own expense and risk, and pay the cost of transferring the grain, he relieving me from claims for shortages, and assuming the risk of the wheat in the lighter, and…
2Cases cited3 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Gibson v. CulverNew York Supreme Court · 1837
- Schroeder v. Hudson River RailroadThe Superior Court of New York City · 1855
3Cited by2 opinions
- One Thousand Two Hundred & Sixty-Five Vitrified PipesU.S. Circuit Court for the District of Southern New York · 1877
- Hawkins v. DavisCourt of Appeals for the Second Circuit · 1895