Bishop v. Ely

Decided October 15, 1812

New York Supreme Court · decided 1812-10-15

THIS was an action of trespass, brought against the defendant f°r driving against the horse of the plaintiff, on the highway, so forcibly that the tongue of the defendants’ waggon pierced the breast of the plaintiff’s horse, in consequence of which he died. Ely, one of the defendants, pleaded not guilty, and that he was a mere passenger in the waggon. The other two defendants suffered judgment by default to be entered against them.

Good law ✅— No negative treatment on recordhow we know

Decided 1812-10-15

How this case has been cited

Cited by 5 later decisions — most recently June 1906

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1Here was evidence sufficient to charge all the three defendants with a joint trespass. They were all together in the waggon, ard each had his due shore of interest in the horses and waggon. Ely owned the waggon, and was not in the light of a mere passenger. The case of Davey v. Chamberlain (4 Esp. N. P. 229.) applies. It does not appear that Ely dissented, at the time, from the violent manner of driving the team, nor at the time of the accident; and when seen, shortly after, at the tavern, he acted as one of the party, jointly concerned in the act, for they were all in high spirits, and he expressed no dissent, or even regret.

¶2Motion denied.