Legal Opinion

Pullman v. . Corning

New York Court of Appeals

Decided October 5, 1853PublishedCited by 10 opinions

Appeal from a judgment of the supreme court in the seventh district, in favor of the defendant. (14 Barb., 174.) The material facts in the case will be found in the opinion of Johnson, J. The case was submitted on printed points by Livingston and Allegany.

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Appeal from a judgment of the supreme court in the seventh district, in favor of the defendant. (14 Barb., 174.) The material facts in the case will be found in the opinion of Johnson, J. The case was submitted on printed points by Livingston and Allegany. By the 49th section of the “ act to authorize the formation of railroad corporations, and to regulate the same,” passed April 2, 1850, that company, among others, was clothed with nearly all the powers and privileges, and subjected to the duties and liabilities prescribed by that act. Among the powers thus given was the right, in case any…

1Opinion of the Court

But two exceptions appear in this case. The first arises upon the plaintiffs' objection to the defendants' offer to prove that the house which plaintiff had erected was not as well built as the Phillips Reynolds' house mentioned in the testimony. The objection was put upon the ground that the witness was neither a mason nor an expert, and was overruled. The only part of the witness's testimony which can be considered as given under this offer, is his statement that the compactness of the work in the building erected by plaintiff would not compare with the Reynolds building. I do not see that…

2Cases cited5 opinions

  1. Mead v. DegolyerNew York Supreme Court · 1837
  2. Jewell v. SchroeppelNew York Supreme Court · 1825
  3. Jennings v. CampNew York Supreme Court · 1816
  4. Rogers v. Holly & JarvisNew York Supreme Court · 1837
  5. Salisbury v. PhilipsNew York Supreme Court · 1813

3Cited by10 opinions

  1. Woodward v. . FullerNew York Court of Appeals · 1880
  2. Finn v. . CassidyNew York Court of Appeals · 1901
  3. Aldrich v. WilmarthSouth Dakota Supreme Court · 1893
  4. Crane v. KnubelThe Superior Court of New York City · 1872
  5. Mapes v. Board of CommissionersSupreme Court of Minnesota · 1866

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