Moore v. Eastman
New York Supreme Court
Appeal from a judgment entered upon a verdict in favor of the defendant. The action ■ was brought by William E. Moore against Newton Eastman.
Read the full summary
Appeal from a judgment entered upon a verdict in favor of the defendant. The action ■ was brought by William E. Moore against Newton Eastman. The complaint alleged that the plaintiff, being the owner and in possession of a horse, the defendant forcibly, wrongfully and unlawfully seized the said horse and maliciously and wickedly drove •him with great violence, and savagely whipped and abused and cruelly treated the said animal, and hurt and wounded him; and that by means of said violent driving and whipping and cruel treatment the defendant killed the said horse, whereby he was wholly lost to…
1Opinion of the CourtGilbert, J.
The complaint avers a wrongful taking of the horse by the defendant, and that,- in consequence of his malicious, wicked and cruel treatment, the horse died. The defense is infancy, and that, at the time the alleged wrongful acts were committed, the horse was in possession of the defendant by virtue of a contract of bailment for hire; and that said wrongful acts occurred solely through the unskillfulness, indiscretion and want of judgment of the defendant, and not from any intentional or malicious or willful act or wrong on his part.
The question is, what proof is requisite to a recovery upon…
2Cases cited4 opinions
- Charles Towne & Co. v. WileySupreme Court of Vermont · 1851
- People v. KendallNew York Supreme Court · 1841
- Fish v. FerrisThe Superior Court of New York City · 1855
- Sanders v. LeaveyNew York Supreme Court · 1862