Dwight v. Northern Indiana Railroad

New York Supreme Court

Dwight v. Northern Indiana Railroad

54 Barb. 271, 1869 N.Y. App. Div. LEXIS 58

CourtNew York Supreme Court

DecidedJune 7, 1869

StatusPublished

Cited by1 cases

This text of 54 Barb. 271 (Dwight v. Northern Indiana Railroad) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dwight v. Northern Indiana Railroad, 54 Barb. 271, 1869 N.Y. App. Div. LEXIS 58 (N.Y. Super. Ct. 1869).

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Opinion

By the Court,

Geo. G. Barnard, J.

I think the findings and report of the referee were correct. The plaintiffs obtained an injunction against the railroad company and others, to prevent them from selling, or attempting to sell, certain stock. That injunction was afterwards dissolved. The matter was then referred to a referee to ascertain what, if any, damages they had sustained in consequence of its issuance. He held there were none. In looking over the testimony, I am satisfied he was right. It was the duty of the defendants to show what damages they had. sustained. They failed to do so, and consequently the referee rendered a proper judgment.

The order disallowing exceptions to the referee’s report should be affirmed, with costs.

Clerke, Cardozo and Geo. G. Barnard, Justices.]

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By the Court,

Geo. G. Barnard, J.

I think the findings and report of the referee were correct. The plaintiffs obtained an injunction against the railroad company and others, to prevent them from selling, or attempting to sell, certain stock. That injunction was afterwards dissolved. The matter was then referred to a referee to ascertain what, if any, damages they had sustained in consequence of its issuance. He held there were none. In looking over the testimony, I am satisfied he was right. It was the duty of the defendants to show what damages they had. sustained. They failed to do so, and consequently the referee rendered a proper judgment.

The order disallowing exceptions to the referee’s report should be affirmed, with costs.

Clerke, Cardozo and Geo. G. Barnard, Justices.]

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Bluebook (online)

54 Barb. 271, 1869 N.Y. App. Div. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dwight-v-northern-indiana-railroad-nysupct-1869.

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