Hance v. Cayuga & Susquehanna Railroad
New York Court of Appeals
Action brought before a justice of the peace to recover the value of a cow. It was admitted by the "defendant that on the night of the 11th of December, 1854, the defendant’s locomotive ran over and killed the plaintiffs’ cow, while on the railroad belonging to the defendant; and that the plaintiffs purchased the cow of Harvey Stevens. The cow was very breachy and would jump and break fences, which was the reason Stevens sold her to the plaintiffs, who were drovers.
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Action brought before a justice of the peace to recover the value of a cow. It was admitted by the "defendant that on the night of the 11th of December, 1854, the defendant’s locomotive ran over and killed the plaintiffs’ cow, while on the railroad belonging to the defendant; and that the plaintiffs purchased the cow of Harvey Stevens. The cow was very breachy and would jump and break fences, which was the reason Stevens sold her to the plaintiffs, who were drovers. She was driven from the premises on the 11th of December to the tavern of one Taylor and there put into a yard with five other…
1Opinion of the CourtBalcom, J.
This court decided, in Orcutt v. Cahill (24 N. Y., 578), that the return of a justice of the' peace to an appeal from a judgment, under the Code, must contain all the testimony received by him in the cause; and that where a justice’s return sets forth the evidence in detail, it is to be considered as stating the whole testimony, unless the contrary distinctly appears. That decision shows that the judgment of the Supreme Court, in this case, cannot be sustained on the ground that the justice of the peace did not certify that he returned all the testimony received by him in the cause.
The…
2Cases cited1 opinion
- Orcutt v. CahillNew York Court of Appeals · 1862