Jones v. De Coursey
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, Samuel G. De Coursey, as receiver of the Western New York and Pennsylvania Railroad Company, for a new trial on a case containing exceptions, orderéd to be heard at the Appellate Division in the first instance, upon the verdict of a jury for $187.43, in favor of the plaintiff, rendered after a trial at the Livingston Circuit on the 11th day of November, 1895. This action was begun May 11, 1894, pursuant to leave granted March 12, 1894, to recover…
Read the full summary
Motion by the defendant, Samuel G. De Coursey, as receiver of the Western New York and Pennsylvania Railroad Company, for a new trial on a case containing exceptions, orderéd to be heard at the Appellate Division in the first instance, upon the verdict of a jury for $187.43, in favor of the plaintiff, rendered after a trial at the Livingston Circuit on the 11th day of November, 1895. This action was begun May 11, 1894, pursuant to leave granted March 12, 1894, to recover damages to plaintiff’s farm, caused by a flood in August, 1893. The farm is in the town of Leicester, in the Genesee…
1Opinion of the CourtFollett, J.
On the trial it appeared that the principal part of the damages arose from the substantial destruction of sweet corn growing on eighteen acres of the plaintiff’s farm and of wheat straw grown on six acres and stacked thereon. It appears that George B. Daley raised these crops on an agreement with the plaintiff that each was to have one-half of the price received for the sweet corn, which had been contracted to be sold, and that each was to have one-half of the straw. The court instructed the. jury that, in case they found the plaintiff was entitled to a verdict, he was entitled to recover all…
2Cases cited5 opinions
- Ming v. . CorbinNew York Court of Appeals · 1894
- Brady v. . CassidyNew York Court of Appeals · 1887
- People v. . O'NeillNew York Court of Appeals · 1889
- Whitney v. McLeanAppellate Division of the Supreme Court of the State of New York · 1896
- Ming v. CorbinNew York Supreme Court · 1893
3Cited by5 opinions
- O'Connor v. West Sacramento Co.California Supreme Court · 1922
- Stanton v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Northrup v. PorterAppellate Division of the Supreme Court of the State of New York · 1897
- Northrup v. PorterAppellate Division of the Supreme Court of the State of New York · 1897
- Semon v. DaggettNew York Supreme Court · 1909