Hamilton v. Owego Water Works
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joel A. Hamilton, from an order of the Supreme Court, made at the Chemung Special Term and entered in the office of the clerk of the county of Tioga on the 5th day of April, 1897, granting the defendant’s motion for a new trial made upon the minutes.
Read the full summary
Appeal by the plaintiff, Joel A. Hamilton, from an order of the Supreme Court, made at the Chemung Special Term and entered in the office of the clerk of the county of Tioga on the 5th day of April, 1897, granting the defendant’s motion for a new trial made upon the minutes. The plaintiff brought this action against the defendant, alleging that he had entered into a contract with the defendant, a water works company, engaged in supplying for a compensation water to the residents of the village of Owego, under which contract the defendant had agreed, for a stipulated price, to furnish a supply…
1Opinion of the Court
Herrick, J.:
The court properly instructed the jury as to the evidence of the plaintiff in regard to the amount of his loss.
' The jury was not bound to adopt the statement of the plaintiff as to his damages, simply because no other witness contradicted him. (Koehler v. Adler, 78 N. Y. 287.),
The evidence, being that of an interested witness, was not conclusive upon the jury, but was merely for their consideration. (Wohlfahrt v. Bechert, 92 N. Y. 490; Munoz v. Wilson, 111 id. 295 ; Deem v. M. E. R. Co., 119 id. 540; Govin v. de Miranda, 140 id. 662, 666.)
But it seems to me the order setting…
2Cases cited7 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Koehler v. . AdlerNew York Court of Appeals · 1879
- Dana v. TuckerNew York Supreme Court · 1809
- Wohlfahrt v. . BeckertNew York Court of Appeals · 1883
- Wolf v. Goodhue Fire InsuranceNew York Supreme Court · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Thomas F. Maher v. Isthmian Steamship CompanyCourt of Appeals for the Second Circuit · 1958
- St. Louis S. F. R. Co. v. Model LaundrySupreme Court of Oklahoma · 1913
- North British & Mercantile Insurance v. ParnellCourt of Appeals of Georgia · 1936
- James Turner & Sons v. Great Northern Railway Co.North Dakota Supreme Court · 1937
9 more not listed; retrieve them via the Exa API.