Palys v. Jewett
Supreme Court of New Jersey
On appeal from a decree of the vice-chancellor, reported in Palys v. Erie Railway Co., 3 Stew. 604. This was a suit against the defendant, as the receiver of the Erie Railway, for damages alleged to have been sustained by the plaintiff by reason of the negligepce of the employes of the receiver in the management of a train of cars. The trial took place before the vice-chancellor, who found against the plaintiff. This decision was appealed from.
1Opinion of the Court
*304The opinion of the court was delivered by
Beasley, C. J.
In looking into the propriety of trying a case of this kind in chancery, I find in the precedents no warrant whatever *305for such a practice. Such a course is contrary, as it would appear, to fundamental rules. It is not too much to say that damages of this kind have never been ascertained in an English court of chancery. I do not find, even in this country, where a looseness of practice has supervened, incident to the coalescence of law and equity in the same tribunal, a single instance in which such a procedure appears.
The general rule…
2Cases cited33 opinions
- West v. Mayor of New-YorkNew York Court of Chancery · 1844
- Kinney v. CrockerWisconsin Supreme Court · 1864
- Moses v. Mayor of MobileSupreme Court of Alabama · 1875
- Gault v. WallisSupreme Court of Georgia · 1875
- Wallack v. Society for Reformation of Juvenile DelinquentsNew York Court of Appeals · 1876
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3Cited by2 opinions
- Welsh v. HourNew Jersey Court of Chancery · 1927
- Supreme Fuel v. Peerless PlushNew Jersey Court of Chancery · 1934