Rittenhoffer v. Cutter

The opinion of the court was delivered by

Vredenburgh, J.

This action was brought to recover damages for an assault and battery upon Mary Rittenhoffer, *614one of the plaintiffs (the wife), committed by the defendant in arresting her while she was trespassing upon his land engaged in collecting pieces of wood with intention, apparently, to appropriate them to her own use without his consent.

To a declaration charging the defendant with assault and battery upon the said Mary Rittenhoffer, he plead (in addition to other pleas), specially, justification, to the effect that the said Mary did steal, take…