Woodward v. Washburn
New York Supreme Court
Error to the Onondaga C. P. Woodward sued Washburn before a justice of the peace and declared in case, “ for the loss of service of one Welcome W. Smith, his hired man, occasioned by the said defendant detaining him in the Bank of Syracuse.” The defendant pleaded the general issue, and gave notice of a special defence.
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Error to the Onondaga C. P. Woodward sued Washburn before a justice of the peace and declared in case, “ for the loss of service of one Welcome W. Smith, his hired man, occasioned by the said defendant detaining him in the Bank of Syracuse.” The defendant pleaded the general issue, and gave notice of a special defence. On the trial before the justice it was shown that the plaintiff was a merchant at Syracuse, and that W. W. Smith was one of his clerks; he was of full age, and was hired to the plaintiff at §300 a year. On the 20th day of December, 1845, Smith went to the Bank of Syracuse a few…
1Opinion of the Court
By the Court, Jewett, J.
The evidence established a temporary loss of service of Smith by the plaintiff, in consequence of the act of the defendant. Assuming that the act was tortious, does the law afford the plaintiff a remedy against the wrongdoer 1 It is a principle of the common law, that where a person sustains a loss or damage, by the wrong of another, he may have an action upon the case to be remunerated in damages. (1 Com. Dig. 168, tit. Action upon the Case, A.) It is also a general principle that an action lies for an injury done to his slave, servant, apprentice or minor child, in…
2Cited by23 opinions
- Lamb v. S. Cheney & SonNew York Court of Appeals · 1920
- Chelsea Moving & Trucking Co. v. Ross Towboat Co.Massachusetts Supreme Judicial Court · 1932
- Price v. FurmanSupreme Court of Vermont · 1855
- Ferguson v. Green Island Contracting Corp.New York Court of Appeals · 1975
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
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