Legal Opinion

Stephens v. . Wider

New York Court of Appeals

Decided March 5, 1865PublishedCited by 9 opinions

This was an action of trespass; guarne clausum fregit, commenced in a justice’s court. The jury gave a verdict for defendant. On appeal the county court reversed the judgment entered thereon. On further appeal, the General Term of the Supreme Court reversed the judgment of the county court and affirmed that of the justice; and an order was subsequently made allowing an appeal to this court.

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This was an action of trespass; guarne clausum fregit, commenced in a justice’s court. The jury gave a verdict for defendant. On appeal the county court reversed the judgment entered thereon. On further appeal, the General Term of the Supreme Court reversed the judgment of the county court and affirmed that of the justice; and an order was subsequently made allowing an appeal to this court. On the trial, the plaintiff gave evidence showing several trespasses on his premises by the cattle, horses and sheep of the defendant. As to some of these alleged trespasses, the defendant gave conflicting…

1Opinion of the CourtDavis, J.

It is clear that the plaintiff in this case ought to have had a verdict for nominal damages, notwithstanding the jury found against him on all the contested trespasses. • But forty-five years ago, in Cady v. Fairchild and wife (18 Johns., 129), which was a case similar in its nature, and presenting the precise question involved in this, the Supreme Court of this State said: “ 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 to new…

2Cases cited5 opinions

  1. Calkins v. LongNew York Supreme Court · 1855
  2. Herrick v. StoverNew York Supreme Court · 1830
  3. Fish v. SkutNew York Supreme Court · 1856
  4. Cady v. FairchildNew York Supreme Court · 1820
  5. Walrod & Potter v. BennettNew York Supreme Court · 1849

3Cited by9 opinions

  1. Moore v. New York Elevated RailroadNew York Court of Common Pleas · 1893
  2. Phillips v. CovellNew York Supreme Court · 1894
  3. Rambaut v. Irving National BankAppellate Division of the Supreme Court of the State of New York · 1899
  4. Countryman v. LighthillNew York Supreme Court · 1881
  5. Rightmire v. ShepardNew York Supreme Court · 1891

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