Kurz v. . Doerr
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the seeond judicial department, entered August 3, 1903, affirming a judgment of the Queens County Court in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the seeond judicial department, entered August 3, 1903, affirming a judgment of the Queens County Court in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The presumption of innocence applies in civil as well as in criminal cases, and the trial court erred in refusing to charge the jury that the defendant was presumed innocent until proven guilty. (Grant v. Riley, 15 App. Div.…
1Opinion of the CourtBartlett, J.
This action was to recover damages for an assault, committed by the defendant upon the plaintiff, by willfully and maliciously leveling a loaded firearm at him and discharging the same. The jury rendered a verdict for $250.
This appeal presents a single question, based on an exception to the charge of the trial judge.
The following is an extract from the record :
“ (Defendant’s counsel): I ásk youi honor to charge that the burden is upon the plaintiff to prove by a preponderance of evidence that the defendant is guilty of an assault.
‘‘(The Court): Yes, I charge that.
“ (Defendant’s counsel): Also…
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