Author : John Lansing Wendell
Publisher : Rarebooksclub.com
Page : 252 pages
File Size : 32,74 MB
Release : 2013-09
Category :
ISBN : 9781230077079
Book Description
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1829 edition. Excerpt: ... to have his cause submitted to the jury. (l3John.s. R. 834.) The proof of other apprentices having been employed, was properly rejected. Evidence of illegal conduct in other cases, would not support this action. By the Court, Ssvaea, Ch. J. The plaintiff was nonsuit? ed in the court below, because, in the opinion of the court, there was no evidence to prove that the defendant knew the apprentices to be such. The circumstances relied on, are. ALBANY, the youthful appearance of the boys, and the mahogany dust 0' 1828' on their clothes. The court were right in deciding that these smm would not warrant the jury in finding that the defendant S-un';, '_, 'on_ knewthem to be apprentices. In my opinion, the judge was correct, also, in refusing testimony to shew that other ap prentices had been employed. The point contested, was the knowledge of the defendant in this particular case, and the ' evidence offered did not prove it. If, therefore, the scienter was necessary to be proved, the court below, in my judg ment, decided correctly. But it is said, that slight circumstances are sufficient to go to the jury, and whether 'he defendant knew the boys to be j j __ _ _-the plaintiff's apprentices or not, was a question for the H I agree that courts should be extremely cautious, on the sub-/;-M-., .., .; . ject of interfering with the province of the jury; yet it is mat-a, I k. d _ ter of common practice to set aside verdicts as against evi-I 4. dence, and sometimes because they are against the weight 'A-_.1 of evidence. If, therefore, the evidence would not authorize t...a jury to find a verdict for the plaintiff, or the court would set it aside if so found, as contrary to evidence, in such cases it...