Slack v. Brown
New York Supreme Court
This action was tried at the Albany circuit, in March, 1832, before the Hon. James Vanderpoel, one of-the circuit judges.
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This action was tried at the Albany circuit, in March, 1832, before the Hon. James Vanderpoel, one of-the circuit judges. The plaintiffs sued out a warrant, under the act to extend the provisions of the law relative to proceedings for the collection of demands against ships and vessels, passed 26th April 1831. See Session Laws of 1831, p. 421. By the first section of which act, it is enacted that whenever any ship or vessel shall have been run down or run afoul of, by any other ship or vessel, through negligence or wilful misconduct, and shall have sustained damage to the value of §50 or…
1Opinion of the Court
By the Court,
Nelson, J.
Whether consequential damages, arising from running down the vessel, are recoverable or not under the act of 1831, (a question as to which there is some difference of opinion in the court,) the plaintiffs in this case were not entitled to recover them under their declaration. The consequential damages were special, and did not neces*394sarily arise from the injury complained of and consequently were not implied by law. To prevent surprise, the pleader should have stated particularly the special damages sought to be recovered. 1 Chitty's Pl. 386. They were the natural and…
2Cases cited1 opinion
- Dewint v. WiltseNew York Supreme Court · 1832
3Cited by17 opinions
- The People v. . PinckneyNew York Court of Appeals · 1865
- Sinton v. AshburyCalifornia Supreme Court · 1871
- Brown v. FergusonNew York Supreme Court · 1846
- Mann v. . SproutNew York Court of Appeals · 1906
- Wood v. PerryNew York Supreme Court · 1847
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