Seavey v. Dennett
Supreme Court of New Hampshire
Case, for negligently poisoning the plaintiff’s -horse. Trial by the court. The expense of caring for the horse while it was sick and of no use to the plaintiff was $14.50. The horse died, and it will cost the plaintiff $35 to replace it by another equally serviceable, although he could not have sold his hoTse in the market which his neighborhood afforded for more than $20. There was judgment for the plaintiff for $49.50, and the defendant excepted.
1Opinion of the CourtYoung, J.
Damages are given to compensate the injured party for his loss ; and the measure of his damages in any given case is so much money as will compensate him for all loss which results directly from the wrong done him. Fay v. Parker, 53 N. H. 342; Hovey v. Grant, 52 N. H. 569, 581. The market value of goods which have been destroyed is not the measure of the injured party’s damages, but only evidence to be considered on that question; for “ a party may be greatly injured by the loss of goods which he cannot sell.” Hovey v. Grant, supra. Compensation being the rule, the plaintiff’s judgment was…
2Cases cited1 opinion
- Connell v. PutnamSupreme Court of New Hampshire · 1879
3Cited by4 opinions
- Overpeck v. City of Rapid CitySouth Dakota Supreme Court · 1901
- Fehlhaber v. Indian Trails, Inc.District Court, D. Delaware · 1968
- Smith v. StilphenDistrict Court, D. New Hampshire · 2004
- Smith v. StilphenDistrict Court, D. New Hampshire · 2004