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13 Jones & S. 464

Havemeyer v. Havemeyer

The Superior Court of New York City

Decided December 1, 1879

The Superior Court of New York City · decided 1879-12-01

Appeal by defendants from judgment and from order denying motion for a new trial. The complaint stated that Albert Havemeyer died possessed of certain shares of stock of the Long Island Railroad Company.

Decided 1879-12-01

Freedman, J.—[Concurring.]

¶1I concur in the reversal upon the ground last stated in the opinion of Judge" Sedgwick, viz. : that it was error to refuse to charge, as requested by defendants’- counsel, “that in estimating damages, the jury cannot take into account any mere chance of making uncertain profits, *489nor any speculative value arising from, or depending upon the possibility of the plaintiff’s combining her stock with that of other persons.”

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