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PER CURIAM. The value of the horse injured was a question of fact for the jury, and they should have been left free to determine it. The learned justice erred in instructing the jury that, if they found a verdict for the plaintiff, it must be for $150. Reves v. Hyde, 14 Daly, 432.
Judgment reversed, and new trial ordered, with costs to appellants to abide the event.
Document Info
Citation Numbers: 104 N.Y.S. 372
Filed Date: 5/16/1907
Precedential Status: Precedential
Modified Date: 11/12/2024