Broadwell v. Nixon
Supreme Court of New Jersey
ON CERTIORARI. NIXON sued Broadwell in trespass, for shooting and killing his hog, of the value of 100 dollars. The defendant, as one of his matters of defence, justified killing the hog, under “ An act concerning trespasses by swine,” Pat. 324, (a)and the justice was requested to charge the jury, “ whether, under that statute, swine may lawfully be killed for entering an enclosure, without doing any actual damage.”
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ON CERTIORARI. NIXON sued Broadwell in trespass, for shooting and killing his hog, of the value of 100 dollars. The defendant, as one of his matters of defence, justified killing the hog, under “ An act concerning trespasses by swine,” Pat. 324, (a)and the justice was requested to charge the jury, “ whether, under that statute, swine may lawfully be killed for entering an enclosure, without doing any actual damage.” The evidence presented that question for the consideration of the court and jury; but the justice refused to charge, except merely to read to the jury the first section of the…
1Opinion of the Court
Kirkpatrick C. J. and Southard J.
One of the most important duties of the court, is to expound the law to the jury, so as to instruct and guide it. And this duty must in no way be evaded, when the case requires it. (b) 'We think the judgment must be reversed.
Pullen vs. Boney, ante 128. Mills vs. Sleght, 2 South. 566. Sayres vs. Ward, Pen. *1010. Todd vs. Collins, 1 Hal. 127. Westcott vs. Garrison, 1 Hal. 132. Den, Wintermute vs. Wintermute, 1 Gr. 177. Youngs vs. Sunderland, 3 Gr. 32. Linn vs. Ross, 1 Har. 57. Boylston vs. Valentine, 1 Har. 347. Marshall vs. Hann, 2 Har. 429. Berry vs. Williams, 1…
2Cases cited3 opinions
- Dieffenderfer v. FisherSupreme Court of Pennsylvania · 1814
- Disbrow v. JonesMichigan Court of Chancery · 1839
- Suydam v. DequindreMichigan Court of Chancery · 1841
3Cited by1 opinion
- Gabriel v. Auf Der Heide-Aragona, Inc.New Jersey Superior Court Appellate Division · 1951