Winans v. Brookfield

Supreme Court of New Jersey

Winans v. Brookfield

5 N.J.L. 847

DecidedMay 15, 1820

StatusPublished

This text of 5 N.J.L. 847 (Winans v. Brookfield) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Winans v. Brookfield, 5 N.J.L. 847 (N.J. 1820).

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Opinion

The Court,

discharged the rule, and directed judgment to be entered on the verdict. The deed could have no operation upon the question of damages. If it be considered a valid deed, free from legal exception, it can give the defendant no right to overflow the. adjoining lands; lands, not contained within it. And although the damages seem high, yet, as some of the witnesses swore to more than were given, and as the jury were the best judges of their amount, the verdict cannot be set aside on that ground.

Rule discharged.

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The Court,

discharged the rule, and directed judgment to be entered on the verdict. The deed could have no operation upon the question of damages. If it be considered a valid deed, free from legal exception, it can give the defendant no right to overflow the. adjoining lands; lands, not contained within it. And although the damages seem high, yet, as some of the witnesses swore to more than were given, and as the jury were the best judges of their amount, the verdict cannot be set aside on that ground.

Rule discharged.

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Bluebook (online)

5 N.J.L. 847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winans-v-brookfield-nj-1820.