Dunkle v. McAllister
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles A. McAllister, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Montgomery on the 23d day of May, 1901, upon the verdict of a jury for $1,800, and also from an order entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes. The action is in the nature of assault and battery. The plaintiff claimed that defendant shot him with a rifle.
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Appeal by the defendant, Charles A. McAllister, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Montgomery on the 23d day of May, 1901, upon the verdict of a jury for $1,800, and also from an order entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes. The action is in the nature of assault and battery. The plaintiff claimed that defendant shot him with a rifle. The plaintiff received a serious injury, but defendant claimed it was the result of a blow with the rifle and not from…
1Opinion of the Court
Kellogg, J.:
The case, so far as determining the amount of damages suffered and whether or not the injury was inflicted by the defendant in self-*274defense, is peculiarly one for a jury. There is not in the record anything upon which the court on this appeal can predicate passion or prejudice on the part of the jury. It may he true that the verdict is unusually large- for a case of this character, hut the circumstances as narrated by the plaintiffs witnesses are unusual and the injury considerable. The case cannot, therefore, be properly reversed on the ground that the verdict is excessive or on…
2Cases cited2 opinions
- Morris v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1895
- Treanor v. Manhattan Railway Co.New York Court of Common Pleas · 1891
3Cited by2 opinions
- May v. Northern Pacific Railway Co.Montana Supreme Court · 1905
- Gunn v. RobinsonNew York Supreme Court · 1918