Blass v. Linsley
New York Supreme Court
Motion to set aside a verdict and for a new trial, in an action for assault.
1Opinion of the CourtSawyer, J.
This was an action for assault; the jury rendered a verdict of no cause of action, and plaintiff now moves to set that verdict aside and for a new trial upon various grounds.
That the defendant unjustifiably assaulted plaintiff is *423established by his own testimony, as well as by other evidence ; but that such assault was willfully provoked is, likewise, very clearly shown. The determination of the jury that no real damage was suffered by plaintiff and that, under the circumstances, punitive damages should not be awarded, was, in my opinion, a just and correct disposition of the matter. The…
2Cases cited3 opinions
- Miller v. . MontgomeryNew York Court of Appeals · 1879
- McConihe v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Hopkins v. GrinnellNew York Supreme Court · 1858
3Cited by1 opinion
- Sebring v. UnderhillNew York Supreme Court · 1926