M'Connell v. Hampton
New York Supreme Court
THIS was an action of assault and false imprisonment, Sec. tried before the Chief Justice, at the Albany circuit, in October, 1814. It appeared from the evidence given at the trial, that in the month of August, 1813, the defendant was commander of &e arm7 of the United States, at Burlington, when the plaintiff, a private citizen, was arrested and tried by a court martial. 1 " ■ ' , v The plaintiff came to the deiendant to make some communication relative to foe enemy; and…
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THIS was an action of assault and false imprisonment, Sec. tried before the Chief Justice, at the Albany circuit, in October, 1814. It appeared from the evidence given at the trial, that in the month of August, 1813, the defendant was commander of &e arm7 of the United States, at Burlington, when the plaintiff, a private citizen, was arrested and tried by a court martial. 1 " ■ ' , v The plaintiff came to the deiendant to make some communication relative to foe enemy; and foe defendant said the communication was false, and ordered foe plaintiff to be taken to foe guard house, and said he…
1Opinion of the Court
Thompson, Ch. J.
That courts have a legal right to graqt new trials, for excessive damages in actions for torts. is nó where denied; but, on the contrary, has been universally ad" mitted, whenever the question has been ^agitated. That this, power, however, ought to be exercised cautiously, and with'sound legal discretion, for the purpose of promoting thé ends of justice, cannot be questioned. The difficulty is, in applying those rules to given cases. The great and leading object in actions of this description, as well as in all other private suits, is to recover compensation for an injury…
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