Morris v. Platt
Supreme Court of Connecticut
Tbespass for an assault, tried to the jury in the superior court, on the general issue, with notice that the acts were done in lawful self defence, before Park, J. On the trial it was admitted that the plaintiff received the injury complained of by means of two pistol shots fired by Delos Platt, one of the defendants.
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Tbespass for an assault, tried to the jury in the superior court, on the general issue, with notice that the acts were done in lawful self defence, before Park, J. On the trial it was admitted that the plaintiff received the injury complained of by means of two pistol shots fired by Delos Platt, one of the defendants. The defendants introduced evidence to prove, and claimed that they had proved, that at the time of the occurrence one of the defendants, Sylvester Platt, was assaulted by one Holihan, a brother-in-law of the plaintiff, and that a personal struggle ensued between them; that…
1Opinion of the CourtButler, J.
Upon a careful examination of the important questions presented upon this record, I do not see how the omission of the court to charge as requested on the first point, or the charge actually given on the second, can be vindicated, and the verdict sustained.
1. It appears from the evidence offered on the trial that the defendant wounded the plaintiff in two places by two shots fired from a pistol; and from the nature of the weapon, and the other conceded circumstances, the jury were authorized to find, and doubtless did find, that the wounds were inflicted with a design to take the life of the…
2Cases cited2 opinions
- Bullock v. BabcockNew York Supreme Court · 1829
- Burroughs v. Housatonic RailroadSupreme Court of Connecticut · 1842
3Cited by73 opinions
- Handler v. Remington Arms Co.Supreme Court of Connecticut · 1957
- Lewis v. Flint & Pere Marquette Ry Co.Michigan Supreme Court · 1884
- Pietrycka v. SimolanSupreme Court of Connecticut · 1923
- State v. SingletonSupreme Court of Connecticut · 2009
- Welch v. DurandSupreme Court of Connecticut · 1869
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