Legal Opinion

Burden v. Pratt

New York Supreme Court

Decided October 15, 1873Published

Appeal from a judgment in the Oswego county court, in favor of thé plaintiff, entered upon the verdict of a jury in an action originating in a justice’s court. The facts sufficiently appear in the opinion. The evidence of the witness Somers should have been stricken out by reason of inability of defendant to cross-examine him.

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Appeal from a judgment in the Oswego county court, in favor of thé plaintiff, entered upon the verdict of a jury in an action originating in a justice’s court. The facts sufficiently appear in the opinion. The evidence of the witness Somers should have been stricken out by reason of inability of defendant to cross-examine him. Cole v. People, 2 Lans. 370; Sheffield v. R. & S. R. R. Co., 21 Barb. 339; Forrest v. Kissam, 7 Hill, 463. The testimony of the witness Hammond, as to the disease of the horse, was admissible. He was competent to express an opinion. Wiggins v. Wallace, 19 Barb. 338;…

1Opinion of the CourtMullin, P. J.

This was an action for breach of warranty on the sale of a horse. It was commenced in a justice’s court, and judgment for $200 rendered in favor of plaintiff against the defendant. An appeal was taken to the county court and the cause re-tried in that court, and judgment rendered 'in favor of plaintiff for $180, besides costs.

On the trial in the county court the plaintiff called one Somers as a witness. He was examined and was cross-examined by defendant’s counsel. When the cross-examination closed, defendant’s counsel stated in open court in the hearing of plaintiff’s attorney and the…

2Cases cited2 opinions

  1. Sheffield & Herrender v. Rochester & Syracuse Rail RoadNew York Supreme Court · 1856
  2. Cole v. PeopleNew York Supreme Court · 1869

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