Rockefeller v. Lamora

Citations

• 106 A.D. 345
• 94 N.Y.S. 549

Syllabus

<p>Trespass upon a private park — the owner may in Ms own name recover the actual and also exemplary damages — sections 185 and 188 of the Forest, Fish and Game Law do not apply to such a case — objection that a verdict is unjust—who cannot take it.</p> <p>The owner of a private park established pursuant to article 11 of the Forest, Fish and Dame Law may maintain, in his own name, and without obtaining permission of the chief game protector or the Forest, Fish and Dame Commissioner, au action to recover damages for a trespass upon such private park, • and may recover therein, not only, the actual damages sustained by him, but the exemplary damages provided for in section 203 of the Forest, Fish and Game Law (Laws of 1900, chap. 20, as amd. by Laws of 19Ó1, chap. 543).</p> <p>Sections. 185. and 188 of the Forest, Fish and Game Law have no application to such an action.</p> <p>Whore one party submits to a verdict recovered by him, the other party cannot be heard to insist that the verdict shall be set aside because it is unjust to the one recovering it.</p>