People v. Lee
New York Court of Common Pleas
Assault and Battery. The facts of the case were as follows : Mr. Depeyster was dnying his wagon into town, and was overtaken by v the defendant in a cart He attempted to run the cart the prosecutor. Mr. Depeyster was obliged stop his wagon in order to prevent being run over, and the car(. 0f defendant passed before him. The defendant crossed the road several times, and had like to have broke the wagon. It was a question whether this was an assault and battery or not.
1Opinion of the Court
The Court observed they were of opinion the conduct of the defendant, in attempting to run against the wagon of the prosecutor, was clearly an assault; his horse and cart was merely a machine, and could as well be directed against the prosecutor as any other inanimate object. That an assault was an attempt with force and violence, to do a corporeal hurt to another, as by striking at him with a weapon, or without a weapon, being within striking distance, or presenting a gun at him at a distance the gun will carry, or pointing a pitchfork at him being within reach of it; and that the improper…
2Cited by3 opinions
- People v. HopkinsNew York Supreme Court · 1963
- People v. MorehouseNew York Supreme Court · 1889
- Bull v. ColtonNew York Supreme Court · 1856