Squier v. Gould
New York Supreme Court
Error from the Yates common pleas. Squier sued Gould in a justice’s court, and declared against him in an action on the case, for that the defendant placed in the highway, opposite to and adjoining the premises of the plaintiff, sand, lime, and other materials for building, so as to interrupt a free passage to the plaintiff’s store, and so that the dust and dirt from the materials blew into the plaintiff’s store and greatly incommoded and injured the plaintiff and damaged…
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Error from the Yates common pleas. Squier sued Gould in a justice’s court, and declared against him in an action on the case, for that the defendant placed in the highway, opposite to and adjoining the premises of the plaintiff, sand, lime, and other materials for building, so as to interrupt a free passage to the plaintiff’s store, and so that the dust and dirt from the materials blew into the plaintiff’s store and greatly incommoded and injured the plaintiff and damaged his goods and premises. The suit was commenced by summons, which was personally served, but the defendant did not appear…
1Opinion of the Court
By the Court,
Sutherland, J.
Thé common pleas must have reversed the judgment, on the ground’ that the evidence did not prove the special damage laid in the declaration, and that a portion of the evidence upon that point was1 inadmissible under the declaration, as it went to show special damage to the plaintiff for which he had not declared. Where the damages actually sustained do not necessarily arise from the act complained of, and consequently are not implied by law, in order to prevent surprise to- the defendant, the plaintiff must state in his declaration the particular damage which he has…
2Cases cited1 opinion
- Dewint v. WiltseNew York Supreme Court · 1832
3Cited by29 opinions
- Taylor v. Town of MonroeSupreme Court of Connecticut · 1875
- Wallace & Co. v. FinbergTexas Supreme Court · 1876
- Ewen v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Alabama Great Southern R. R. v. ArnoldSupreme Court of Alabama · 1887
- Clark v. Van VranckenNew York Supreme Court · 1855
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