Majority
p. 372CAMPBELL v. LUDIN et al. (Supreme Court, Appellate Term. May 16, 1907.) Argued before GIEDERSLEEVE, P. J., and SEABURY and BRADY, JJ.
Headnote
Trial—Instruction—Invasion of Jury’s Province.Where, in an action for injury to a horse, its value was a question for the jury, it was error to instruct that, if the jury found for plaintiff, it must be for a fixed sum.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 46, Trial, §§ 318-327.]
Appeal from Municipal Court, Borough of the Bronx, Eirst District.
Action by Bernard Campbell against Susan A. Eudin and another, trading as the New York Bottling Company. From a judgment for plaintiff, defendants appeal.
Reversed, and new trial ordered.
Deyo, Duer & Bayerdorf, for appellants.
Timothy Power, for respondent.
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.