Duffy v. Beirne
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward 0. Beirne, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 13th day of January, 1897, upon the verdict' of a jury for $2,000, and also from an order-entered in said clerk’s office on the 28th day of January, 1897,. denying the defendant’s motion for a new trial made upon the-minutes. This action was brought to recover damages for malicious prosecution.
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Appeal by the defendant, Edward 0. Beirne, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 13th day of January, 1897, upon the verdict' of a jury for $2,000, and also from an order-entered in said clerk’s office on the 28th day of January, 1897,. denying the defendant’s motion for a new trial made upon the-minutes. This action was brought to recover damages for malicious prosecution. The facts of the case are fully stated in the dissenting opinion of Woodward, J.
1Opinion of the Court
Hatch, J.;
The very full discussion which this case has received by Mr. Justice Woodward .requires nothing further to be said upon that *385branch of the case upon which we agree. I concur in the opinion, upon all the questions discussed, except that which relates to the admission in evidence of the result of the proceedings reached by the board of trustees on the trial of Yaple, the chief of police, upon the complaint of the defendant for failing to arrest the plaintiff upon the night when the disturbance occurred at Short’s saloon. It appears by the record that this question arose in this wise:…
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