Scribner v. Beach
New York Supreme Court
Trespass for assaulting, beating, and wounding the plaintiff. Plea not guilty, with notice of son assault demesne, and that the assault was committed in the defence of the defendant’s personal property, namely, a pit of charcoal and a coal rake. The trial took place at the Greene circuit in May, 1344, before Parker, Cir.
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Trespass for assaulting, beating, and wounding the plaintiff. Plea not guilty, with notice of son assault demesne, and that the assault was committed in the defence of the defendant’s personal property, namely, a pit of charcoal and a coal rake. The trial took place at the Greene circuit in May, 1344, before Parker, Cir. J. It appeared that the affair which gave rise to the action happened in August, 1842, on a piece of land in Catskill, of which the defendant had been in possession about three years before. He removed to Herkimer county and the plaintiff succeeded to the occupancy of the…
1Opinion of the Court
By the Court, Jewett, J.
Self defence is a primary law of nature, and it is held an excuse for breaches of the peace and even for homicide itself. But care must be taken that the resistance does not exceed the bounds of mere defence, prevention or recovery, so as to become vindictive; for then, the defender would himself become the aggressor. The force used must not exceed the necessity of the case. (Elliott v. Brown, 2 Wend. 497; Gates v. Lounsbury, 20 John. R. 427; Gregory v. Hill, 8 T. R. 299; Baldwin v. Hayden, 6 Conn. R. 453; 3 Bl. Com. 3 to 5; 1 Hawk. P. C. 130; Cockcroft v. Smith, 2…
2Cases cited2 opinions
- Spencer v. M'GowenNew York Supreme Court · 1835
- Elliott v. BrownNew York Supreme Court · 1829
3Cited by12 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- McGovern v. WeisAppellate Division of the Supreme Court of the State of New York · 1943
- Louisville & Nashville Railroad v. GarrettTennessee Supreme Court · 1881
- Corey v. PeopleNew York Supreme Court · 1865
- State v. WoodwardSupreme Court of New Hampshire · 1871
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