Tremain v. . the Cohoes Company
New York Court of Appeals
Teemain sued the Cohoes Company in the common pleas of Albany county. The pleadings and evidence were substantially like those in Hay v. The Cohoes Co. (ante, p. 159). After the plaintiff had closed his evidence, the defendants offered to prove “ that the work of excavating their canal was done in the most careful manner.” This evidence was objected to by the plaintiff and the objection sustained by the court of common pleas, and the defendants excepted.
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Teemain sued the Cohoes Company in the common pleas of Albany county. The pleadings and evidence were substantially like those in Hay v. The Cohoes Co. (ante, p. 159). After the plaintiff had closed his evidence, the defendants offered to prove “ that the work of excavating their canal was done in the most careful manner.” This evidence was objected to by the plaintiff and the objection sustained by the court of common pleas, and the defendants excepted. The judge charged the jury that if they believed that the defendants authorized and directed the construction of the canal, and that the…
1Opinion of the CourtGardiner, J.
The evidence offered by the defendants to prove “.that the work was done in the best and most careful manner,” was deemed by the court below relevant on the question of damages. The action was case. The declaration lays no foundation for exemplary damages ; it does not aver that the injury was wilful, or even that it arose from the negligence of the defendants. No claim to them was made upon the trial, and the jury were expressly instructed to limit their verdict to a compensation for the actual injury sustained by the plaintiff.
If the plaintiff’s windows were darkened one half the day, the…
2Cases cited1 opinion
- Conard v. Pacific Ins. Co. of NYSupreme Court of the United States · 1832
3Cited by22 opinions
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- St. Peter v. . DenisonNew York Court of Appeals · 1874
- Worth v. DunnSupreme Court of Connecticut · 1922
- Blackford v. Heman Construction Co.Missouri Court of Appeals · 1908
- Klepsch v. DonaldWashington Supreme Court · 1892
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