Carpenter v. Miles
New York Supreme Court
Appeal from Jefferson county court. Action by Sabina Carpenter against Andrew B. Miles for assault and battery. From a judgment entered on a verdict for plaintiff, and from an order denying a motion for new trial on the minutes, defendant appeals.
1Opinion of the CourtHardin, P. J.
We have looked carefully through the evidence given at the trial, and are of the opinion that it sustains the verdict. It was for the jury to resolve the sharp and stubborn conflict furnished by the different witnesses. The charge of the learned county judge fairly presented the questions of fact to the jury, and he instructed the jury that, if they found malice on the part of the defendant, they might give punitive damages. We are not willing to disturb the verdict by reason of the amount thereof, to wit, $500. Besides, the motion for a new trial, as to the extent of the damages, was…
Also in this document: Concurrence.
2Cases cited5 opinions
- Reilley v. . President, Etc., of D. H.C. Co.New York Court of Appeals · 1886
- Tucker v. PfauNew York Supreme Court · 1893
- Thomas v. KeelerNew York Supreme Court · 1889
- Clark v. EldredNew York Supreme Court · 1889
- Wright v. ChaseNew York Supreme Court · 1894