Bartholomew v. Jackson
New York Supreme Court
IN ERROR, on certiorari toa Justice’s Court. Jackson sued Bartholomew before a Justice, for work and labour, &c. B. pleaded non assumpsit. It appeared in evidence, that Jackson owned a wheat stubble-field, in which B. had a stack of wheat, which he had promised to remove in due season for preparing the ground for a fall crop.
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IN ERROR, on certiorari toa Justice’s Court. Jackson sued Bartholomew before a Justice, for work and labour, &c. B. pleaded non assumpsit. It appeared in evidence, that Jackson owned a wheat stubble-field, in which B. had a stack of wheat, which he had promised to remove in due season for preparing the ground for a fall crop. The time for its removal having arrived, J. sent a message to B., which, in his absence, was delivered to his family, requesting tpe immediate removal of the stack of wheat, as he wished, 5 7 on the next day, to burn the stubble on the field. The sons of B. answered,…
1Opinion of the CourtPlatt, J.
I should be very glad to affirm this judgment; for though the plaintiff was not legally entitled to sue for damages, yet to bring a certiorari on such a judgment was most unworthy, The plaintiff performed the service without the privity or Request of the defendant; and there was, in fact, no promise, express or implied. If a man humanely bestows his labour, and even risks his life, in voluntarily aiding to pre*29serve Isis neighbour’s house from destruction by fire, the law considers the service rendered as gratuitovs, and it, therefore, forme no ground of action. The judgment must he reversed.
Ju…
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