Donohue v. Donohue
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John S. Donohue, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of'Westchester on the 13th day of January, 1917, upon the decision of the court after a trial at the Westchester Special Term, granting a separation to the plaintiff, and giving her custody of the child of the parties.
1Opinion of the Court
Jenks, P. J.:
I think that the judgment should not stand. The plaintiff did not attempt to prove actual violence • endangering
*562life, limb or health; indeed, her own testimony was that the defendant never laid his hand upon her. The alleged casting of her headgear in plaintiff’s face could not be magnified into such violence, and this is the only physical act charged against the defendant. The proof did not justify the conclusion that plaintiff had any reasonable apprehension of the violence contemplated by the statute. For even if we believe the plaintiff’s testimony that the defendant made…
2Cases cited5 opinions
- Kennedy v. . KennedyNew York Court of Appeals · 1878
- Ford v. FordMassachusetts Supreme Judicial Court · 1870
- Barber v. BarberAppellate Division of the Supreme Court of the State of New York · 1915
- De Meli v. De MeliNew York Supreme Court · 1884
- Mason v. MasonNew York Court of Chancery · 1831
3Cited by10 opinions
- Smith v. SmithNew York Court of Appeals · 1937
- Rios v. RiosAppellate Division of the Supreme Court of the State of New York · 1970
- Avdoyan v. AvdoyanAppellate Division of the Supreme Court of the State of New York · 1943
- De Vide v. De VideAppellate Division of the Supreme Court of the State of New York · 1919
- Umbach v. UmbachAppellate Division of the Supreme Court of the State of New York · 1918
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