Legal Opinion

Kitz v. Buckmaster

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1899PublishedCited by 10 opinions

Appeal oy the defendant, vonn D. BucKmaster, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 21st day of January, 1899, upon the verdict of a jury, and also from' an order entered in said clerk’s office on the 3d day of February, 1899, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Adams, J.:

The plaintiff brings this action to recover damages .for an assault and battery alleged -to have been committed upon her by the defendant on- the t2d ilay of ílctofcfer, 18.97.

The record before us discloses the usual , conflict of evidence' in cases of this character, much of which, is' entitled to little, if any, consideration, inasmuch as at least one of the principal witnesses on either side unhesitatingly announced her willingness to resort to> falsehood whenever in her judgment circumstances seemed to render it desirable for her to- do so; and the evidence, as a whole,…

2Cases cited1 opinion

  1. Bacon v. . FrisbieNew York Court of Appeals · 1880

3Cited by10 opinions

  1. Jakobleff v. Cerrato, Sweeney & CohnAppellate Division of the Supreme Court of the State of New York · 1983
  2. Drimmer v. AppletonDistrict Court, S.D. New York · 1986
  3. People v. O'ConnorAppellate Division of the Supreme Court of the State of New York · 1982
  4. Randy International, Ltd. v. Automatic Compactor Corp.Civil Court of the City of New York · 1979
  5. People v. Fentress, New York County Courts1980

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