Shibley v. Gendron

Supreme Court of Rhode Island

Shibley v. Gendron

57 A. 304, 25 R.I. 519, 1903 R.I. LEXIS 122

DecidedDecember 22, 1903

StatusPublished

This text of 57 A. 304 (Shibley v. Gendron) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shibley v. Gendron, 57 A. 304, 25 R.I. 519, 1903 R.I. LEXIS 122 (R.I. 1903).

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Opinion

Per Curiam.

The evidence being contradictory, it was the province of the jury to pass upon the credibility of the witnesses and the weight of their testimony; and it not clearly appearing that they were either mistaken or improperly influenced, the .verdict will not be disturbed.

(1) The presiding justice did not err in the rulings and charge complained of; the burden of proof was upon the defendant to justify the trespass under his plea.

(2) The court cannot say that the damages awarded were excessive. In an action of this kind the mere value of the articles taken is not the measure of the damages. Von Storch v. Winslow, 13 R. I. 23.

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Per Curiam.

The evidence being contradictory, it was the province of the jury to pass upon the credibility of the witnesses and the weight of their testimony; and it not clearly appearing that they were either mistaken or improperly influenced, the .verdict will not be disturbed.

(1) The presiding justice did not err in the rulings and charge complained of; the burden of proof was upon the defendant to justify the trespass under his plea.

(2) The court cannot say that the damages awarded were excessive. In an action of this kind the mere value of the articles taken is not the measure of the damages. Von Storch v. Winslow, 13 R. I. 23.

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Bluebook (online)

57 A. 304, 25 R.I. 519, 1903 R.I. LEXIS 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shibley-v-gendron-ri-1903.