Castle v. Duryee
New York Court of Appeals
Appeal from , a judgment of the Supreme Court. The action was in the nature of trespass for an assault of the plaintiff, Mary Ann Castle, and wounding her by shooting her with a musket ball. The answer was a denial of the complaint.
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Appeal from , a judgment of the Supreme Court. The action was in the nature of trespass for an assault of the plaintiff, Mary Ann Castle, and wounding her by shooting her with a musket ball. The answer was a denial of the complaint. On the trial before Mr. Justice Deodatus Weight, at the Ulster Circuit, the case was as follows: The defendant was the colonel of the seventh regiment of New York State militia, called “ The National Guardand he, with his regiment, in July, 1855, went into camp, as it was called, for one week at Kingston, Ulster county, pursuant to regular division and brigade…
1Opinion of the Court
Denio, Ch. J.
Bo question is made but that the plaintiff was injured by the discharge of a musket, loaded with a ball cartridge, by one of the men in the ranks of the regiment; and the command to fire was given by the defendant, personally, to all -the men; and the discharge was pursuant to and in obedience of that direction. These facts constitute the defendant, prima facie, a trespasser to the same extent as though the musket was fired by his own hand. The case does not arise out of negligence, for the injury was direct and immediate, and not consequential. On the other hand, no question can…
2Cited by4 opinions
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