Rich v. Jakway
New York Supreme Court
This was an appeal, by the plaintiff, from a judgment of the county court of the county of Cayuga. The cause was commenced before a justice of the peace.
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This was an appeal, by the plaintiff, from a judgment of the county court of the county of Cayuga. The cause was commenced before a justice of the peace. The plaintiff alleged in his complaint that he was the owner of a building in the town of Cato, and in the possession of the same; and that the defendant, in the month of Oct. 1852, or the last of September, without the leave or license of the plaintiff, and with the intent to injure him, procured a colored man of the name of Freeman to shoot through and injure a tin pipe, the property of the plaintiff, in said building, commonly called a…
1Opinion of the Court
By the Court, T. R. Strong, J.
It was a question on the trial before the justice, whether the direction or proposition of the defendant to Freeman to shoot the gun, was to shoot at the tin pipe on the plaintiff’s building, or at a martin cage on a building of the defendant. That appears to have been the only question seriously litigated; for it was proved on the part of the defendant, as well as on the part of the plaintiff, that Freeman was -told to shoot, by the defendant. It was not competent for the plaintiff, in reference to that question, to inquire of Freeman whether he would have shot…
2Cases cited1 opinion
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