Guille v. Swan
New York Supreme Court
IN ERROR, on certiorari, to the Justices’ Court in the city of New-York. Swan sued Guille in the Justice’s Court, in an action of trespass, for entering his close, and treading down his roots and vegetables, &c. in a garden in the city of Naw-Y orle. The facts were, that Guille ascended in a balloon in the vincinity of Swan’s garden, and descended into his garden.
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IN ERROR, on certiorari, to the Justices’ Court in the city of New-York. Swan sued Guille in the Justice’s Court, in an action of trespass, for entering his close, and treading down his roots and vegetables, &c. in a garden in the city of Naw-Y orle. The facts were, that Guille ascended in a balloon in the vincinity of Swan’s garden, and descended into his garden. When he descended, his body was hanging out of the car of the balloon in a very perilous situation, and he called to a person at work in Swan’s field, to help him, in a voice audible to the pursuing crowd. After the balloon…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court, The counsel for the plaintiff in error supposes, that the injury committed by his client was involuntary, and that done by the crowd was voluntary, and that, therefore, there was *382no union of intent; and that, upon the same principle which would render Guille answerable for the acts of the crowd, in treading down and destroying the vegetables and flowers of S., he would be responsible for a battery, or a murder committed on the owner of the premises.
The intent with which an act is done, is by no means the test ofthe liability of a party to an…
2Cited by57 opinions
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- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Lowery v. . Manhattan Railway Co.New York Court of Appeals · 1885
- Billman v. Indianapolis, Cincinnati & Lafayette RailroadIndiana Supreme Court · 1881
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