Allen v. . Fox
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial district, entered upon an order denying a motion made for a new trial, and directing judgment in favor of defendant, upon a verdict. This action was brought to recover the possession of a horse. The horse had been taken in the action, and delivered to the plaintiff and retained by him to the time of the trial.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial district, entered upon an order denying a motion made for a new trial, and directing judgment in favor of defendant, upon a verdict. This action was brought to recover the possession of a horse. The horse had been taken in the action, and delivered to the plaintiff and retained by him to the time of the trial. There was conflicting evidence as to the title of the horse, but the jury found the title to be in the defendant, and assessed its value at $175, and damages for its detention by the plaintiff at…
1Opinion of the Court
Earl, C.
The proper rule of damages to be applied to cases, as they arise in the courts, has always been a fruitful subject of discussion and difference among judges and jurists. In actions of tort the aim of the law is to give the injured party a full indemnity and no more, unless the injury has been willful or malicious. Bemote, contingent and uncertain damages are excluded, but it is not always easy to determine what damages ought to be classified as such. It has been the aim of the courts to lay down rules upon the subject, which shall be general, certain and practicable. But it is…
2Cases cited7 opinions
- Brewster v. . SillimanNew York Court of Appeals · 1868
- Brizsee v. MaybeeNew York Supreme Court · 1839
- Rowley v. Gibbs, Standish, & othersNew York Supreme Court · 1817
- Butler v. MehrlingIllinois Supreme Court · 1854
- Dwight v. . Enos and JanesNew York Court of Appeals · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by90 opinions
- Armstrong & Latta v. City of PhiladelphiaSupreme Court of Pennsylvania · 1915
- Jackson Architectural Iron Works v. HurlbutNew York Court of Appeals · 1899
- Deitz v. Prov. Wash. Ins.West Virginia Supreme Court · 1890
- Leeper, Graves & Co. v. First Nat. Bank of HobartSupreme Court of Oklahoma · 1910
- Ocala Foundry & Machine Works v. LesterSupreme Court of Florida · 1905
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