Springer v. Westcott
New York Supreme Court
Appeal from circuit court, New York county. Action by Hannah Springer against Robert E. Westcott, as president of the Westcott Express Company. From a judgment entered on a verdict in favor of plaintiff for $2,425.69, defendant appeals.
1Opinion of the CourtParker, J.
The court submitted to the jury a ground of liability not suggested by the pleadings, and it is the rule that, if in such case there be a general verdict, the judgment will not be up*806held, unless the other ground of liability be so clearly established that, had a direction of a verdict been ordered, it would be sustained. Baldwin v. Burrows, 47 N. Y. 199.
The action was to recover for a breach of contract in failing to deliver a trunk and contents to the plaintiff. Plaintiff delivered a check which she had received from a railroad company for her trunk to the agent of the defendant, who caused…
2Cases cited4 opinions
- Romeyn v. SicklesNew York Court of Appeals · 1888
- Baldwin v. . BurrowsNew York Court of Appeals · 1872
- Day v. . Town of New LotsNew York Court of Appeals · 1887
- Romeyn v. . SicklesNew York Court of Appeals · 1888
3Cited by1 opinion
- Orden v. MorrisAppellate Terms of the Supreme Court of New York · 1897