Waldron v. Hopper

Decided May 15, 1795

Supreme Court of New Jersey · decided 1795-05-15

The plaintiff in error was the plaintiff below, and had brought an action on the case against Hopper, for negligently suffering his horses, which were in a sleigh, to run against a horse belonging to plaintiff, by which its leg was broken.

Decided 1795-05-15

¶1[340] I have considered the point with a strong leaning towards the plaintiff, and should have felt glad to have been able to support the action. The law is, however, otherwise. The case of Day v. Edwards, 5 T. R. 648, recently determined in England, is conclusive, if other authorities were wanting, and I think it should govern us.

XlNSEY, C. J.

¶2Smith, J., and Chetwood, J., concurred.

¶3Judgment affirmed, (a)

¶4See 1 Esp. Ca. 54.