Cady v. Fairchild
New York Supreme Court
IN ERROR, on certiorari, to a Justice’s Court. ^ 7 . . . . Lady brought an action ot trespass against Fairchild and his Wife, who pleaded not guilty. The plaintiff and defendants lived under the same roof, occupying distinct parts of the house. The plaintiff, who had a lease for one year, removed with his family, and'the principal part of his furniture, before the expiration of the year, leaving a few old articles, of little value, in the apartment he had occupied.
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IN ERROR, on certiorari, to a Justice’s Court. ^ 7 . . . . Lady brought an action ot trespass against Fairchild and his Wife, who pleaded not guilty. The plaintiff and defendants lived under the same roof, occupying distinct parts of the house. The plaintiff, who had a lease for one year, removed with his family, and'the principal part of his furniture, before the expiration of the year, leaving a few old articles, of little value, in the apartment he had occupied. The defendants put the articles so left by the plain- * ,1 t J 1 tiff, out of the house, where they remained for several days,…
1Per curiam
This is strictly a verdict contrary to evidence ; but as no more than nominal damages ought to have been given, no material injustice has been done ; and we ought to apply the rule which has been settled in regard *130to new trials In Burton v. Thompson, (2 Burr. Rep. 664.) Lcmi Mansfield said, “ it does not follow, by necessary consequence, that there must be a new trial granted in all cases whatsoever, where the verdict is contrary to evidence;’ as “ where there is no, real damage, and where the injury is so trivial as to not deserve above half a crown compensa-salion and a new trial was denied…
2Cited by3 opinions
- Stephens v. . WiderNew York Court of Appeals · 1865
- Moore v. New York Elevated RailroadNew York Court of Common Pleas · 1893
- Moore v. N. Y. Elevated RailroadNew York Court of Common Pleas · 1893