Wells v. Cone
New York Supreme Court
APPEAL from a judgment of the Herkimer county court. The plaintiff sued the defendants in a justice’s court, and complained that they negligently injured his canal boat by running their boat against it. The defendants, in their answer, denied the allegations of the complaint, and also alleged that the injury, if any, occurred by the negligence of the plaintiff. The cause was tried before a jury.
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APPEAL from a judgment of the Herkimer county court. The plaintiff sued the defendants in a justice’s court, and complained that they negligently injured his canal boat by running their boat against it. The defendants, in their answer, denied the allegations of the complaint, and also alleged that the injury, if any, occurred by the negligence of the plaintiff. The cause was tried before a jury. It appeared that the plaintiff and one Van Burén, each owned one half of the injured boat. That they were co-partners, and that the plaintiff was in the possession of the boat, and had the charge of…
1Opinion of the Court
By the Court, Foster, J.
I think there was no error in permitting the witness Schwab to state, “What, in his opinion, was the difference in value of the boat then, and as she was before the collision.” He did not give an opinion founded upon the testimony of others; but from the condition of the boat, as he saw it before the injury, while unloading, and as he saw it' after the injury. He had all the science in regard to the building and value of boats necessary to render him competent to testify as to the value, and he had made an estimate of the cost of repairing it. It has no analogy, in my…
2Cases cited4 opinions
- Crary v. SpragueNew York Supreme Court · 1834
- Joy v. HopkinsNew York Supreme Court · 1847
- Bort v. SmithNew York Supreme Court · 1848
- Nickley v. ThomasNew York Supreme Court · 1856
3Cited by2 opinions
- Horner v. SpreckelsHawaii Supreme Court · 1885
- Milliner v. LucasNew York Supreme Court · 1875