Patten v. Libbey
Supreme Judicial Court of Maine
Exceptions from the District Court. Case. The defendant, by consent of the plaintiff, attempted some treatment of the plaintiff’s horse in order to increase its value. The result was unfavorable, and in consequence of it the horse died. After the injury, the plaintiff sent for a horse-doctor, and expended time and money, in attempting a cure.
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Exceptions from the District Court. Case. The defendant, by consent of the plaintiff, attempted some treatment of the plaintiff’s horse in order to increase its value. The result was unfavorable, and in consequence of it the horse died. After the injury, the plaintiff sent for a horse-doctor, and expended time and money, in attempting a cure. The declaration alleged that the horse was lost by the want of skill and faithfulness on the part of the defendant, and claimed to recover damage therefor. The Judge instructed the jury upon the question of liability for unskillfulness, and also, that if…
1Opinion of the CourtHoward, J.
The instructions of the Judge of the District Court, as to the measure of damages, cannot be sustained. Special damages were not declared for, and, as they were not the necessary or inevitable result of the alleged wrong, cannot be claimed or recovered in this action.
Exceptions sustained, verdict set aside, and a new trial granted.
2Cited by1 opinion
- Plunkett v. Minneapolis, Sault Ste. Marie & Atlantic Railway Co.Wisconsin Supreme Court · 1891