Pickard v. Collins
New York Supreme Court
APPEAL by tbe defendant from a judgment entered at a special term, after a trial at the circuit. The complaint contained five counts.
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APPEAL by tbe defendant from a judgment entered at a special term, after a trial at the circuit. The complaint contained five counts. The first count charged that tbe defendant, in 1849, caused to be erected on his premises and along or near the north and east boundary lines of tbe plaintiff’s premises in tbe city of Rochester a high board fence, from eight to ten feet in height, and covered the same with gas tar, thereby causing offensive odors to enter the plaintiff’s dwelling bouse, and creating a nuisance therein. The second count charged that the defendant, in 1850, caused to be erected…
1Opinion of the Court
By the Court, T. R. Strong, J.
The testimony of the plaintiff, on the trial of another case, which was proposed to be proved, to the effect that no gas tar had been put on the fence after he moved on the premises occupied by him, which is directly contrary to his testimony on the trial of this ease, regarded as an admission, was relevant evidence in this ease on the issue joined upon the first cause of action; and the defendant clearly had a right to prove that testimony as an admission, by any competent witness other than the plaintiff. I do not perceive why proof of the admission might not…
2Cases cited6 opinions
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Fish v. DodgeNew York Supreme Court · 1847
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
- Mahan v. BrownNew York Supreme Court · 1835
- Farrand v. MarshallNew York Supreme Court · 1855
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3Cited by31 opinions
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- Heeg v. . LichtNew York Court of Appeals · 1880
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- Heywood v. TillsonSupreme Judicial Court of Maine · 1883
- Koblegard v. HaleWest Virginia Supreme Court · 1906
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