Smith v. Bull
New York Supreme Court
Error from the Tioga common pleas. Bull sued Smith for an assault and battery committed in the state of Pennsylvania, and in the declaration, charged the place of the injury to be Owego, in the county of Tioga, in this state. When the plaintiff rested, the defendant moved for a nonsuit, insisting that the action could not be sustained here for an injury happening abroad. The motion was denied.
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Error from the Tioga common pleas. Bull sued Smith for an assault and battery committed in the state of Pennsylvania, and in the declaration, charged the place of the injury to be Owego, in the county of Tioga, in this state. When the plaintiff rested, the defendant moved for a nonsuit, insisting that the action could not be sustained here for an injury happening abroad. The motion was denied. The plaintiff had a verdict, and the defendant sued out a writ of error. insisted, that by statute, actions of trespass for injuries to the persons are local (2 R. S. 409, § 2). Such was the…
1Opinion of the Court
By the Court,
Cowen, J.
The 2 R. S. 330, 2d ed. provides as follows Sect. 1. That all it sues of fact joined in the supreme court, or sent there, &c., shall be tried at a circuit court, &c., in the proper county, unless the court shall order a trial at bar. Sect. 2. Issues shall be tried in the proper county, as follows: 1. Certain enumerated actions concerning real [325] estate, are to be tried in the county where the subject of the action is situated; 2. Actions of trespass for injury to the person, in the county ■where the cause of action arose; 3. Actions of slander, for libels, and all…
2Cases cited2 opinions
- Rightmyer v. RaymondNew York Supreme Court · 1834
- Wilkie v. ChadwickNew York Supreme Court · 1834
3Cited by19 opinions
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Boyce v. Wabash Railway Co.Supreme Court of Iowa · 1884
- Dewitt v. BuchananNew York Supreme Court · 1868
- Barney v. BurstenbinderNew York Supreme Court · 1872
- Roberts v. R. DunsmuirCalifornia Supreme Court · 1888
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