Curry v. Wiborn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Gershom Wiborn and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 18th day of December, 1895, upon the verdict of a jury rendered after a trial at the Monroe Circuit; also from an order, entered in said clerk’s office on the 18th day of December, 1895, denying the defendants’ motion for a new trial made upon the minutes, and also from an order made at the…
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Appeal by the defendants, Gershom Wiborn and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 18th day of December, 1895, upon the verdict of a jury rendered after a trial at the Monroe Circuit; also from an order, entered in said clerk’s office on the 18th day of December, 1895, denying the defendants’ motion for a new trial made upon the minutes, and also from an order made at the Monroe Special Term, and entered in the office of the clerk of the county of Monroe on the 13th day of August, 1896,…
1Opinion of the CourtAdams, J.
The ¡complaint- in this action charges the. defendants with- haying committed an assault and battery upon the plaintiff at the house of the defendant Gershom Wiborn, in the -city of Rochester,-on the evening of April 11, 1894.
The plaintiff, it seems, was a domestic in the employ. of the defendant Gershom Wiborn, who was a man of some means, having, a family consisting of a wife, two sons and a daughter.
At the time of the occurrence which gave rise to this action both of the sons were attending school at or near Philadelphia, and the daughter was, on this particular evening, acting- as an…
2Cases cited5 opinions
- Gardner v. . ClarkNew York Court of Appeals · 1860
- Smith v. . Aetna Life Insurance Co.New York Court of Appeals · 1872
- Townsend Manufacturing Co. v. FosterNew York Supreme Court · 1868
- Adsit v. Wilson & ChamberlainNew York Supreme Court · 1852
- Mulligan v. New York Central & Hudson River RailroadNew York Supreme Court · 1890
3Cited by6 opinions
- Hirsh v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Dexter Sulphite Pulp & Paper Co. v. HearstAppellate Division of the Supreme Court of the State of New York · 1923
- Sharp v. ClappAppellate Division of the Supreme Court of the State of New York · 1897
- Berkery v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Heaphy v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
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