Baker v. Bailey
New York Supreme Court
This was an appeal by the defendant from a judgment rendered against him at a special term, upon the verdict of a jury. The action was brought by the plaintiffs, as administrators of Ashbel S. Baker, deceased, to recover damages of the defendant for causing the death of their intestate by a wrongful assault upon him. The verdict was for $500. The substance of the pleadings, and of the material facts, is set forth in the opinion of the court.
1Opinion of the Court
By the Court, Gridley, J.
The first exception on which the defendant relies arises out of the exclusion of certain testimony offered by the defendant, ori the trial. After the plaintiff had given evidence tending to show that the defendant committed the injury which resulted in the death of the deceased, the counsel of the defendant offered to prove that some other person than Bailey committed the injury in question. This evidence was excluded by the court, as inadmissible under the answer.
A brief reference to the pleadings may aid us in determining whether this ruling was right. The complaint…
2Cases cited1 opinion
- Bullock v. BabcockNew York Supreme Court · 1829
3Cited by3 opinions
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- Harden v. Atchison & Nebraska R. R.Nebraska Supreme Court · 1876