Brown v. Chadsey
New York Supreme Court
APPEAL from a judgment entered at the circuit, on the verdict of a jury. The coinplaint alleged that on or about the 12th day of April, 1857, in the city of Sew York, the defendant falsely and maliciously, without any just cause or provocation, arrested or caused to be arrested, the plaintiff in the public streets of said city, and forced and compelled him, the plaintiff, to be taken through divers public streets of said city, in charge of a policeman, who acted under the…
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APPEAL from a judgment entered at the circuit, on the verdict of a jury. The coinplaint alleged that on or about the 12th day of April, 1857, in the city of Sew York, the defendant falsely and maliciously, without any just cause or provocation, arrested or caused to be arrested, the plaintiff in the public streets of said city, and forced and compelled him, the plaintiff, to be taken through divers public streets of said city, in charge of a policeman, who acted under the charge, instigation, and direction of the defendant, to a certain police office in said city, known as the Tombs, or City…
1Opinion of the Court
By the Court,
Emott, J.
We are of opinion that the damages in this case are excessive, and that a new trial was improperly refused at the special term, and must now be granted, for that reason. The jury could hardly have regarded the sum found by them as the measure of the injury sustained by the plaintiff. Their verdict went farther than to give compensation for his wrongs, and was no doubt intended to inflict punishment upon the defendant for his conduct. They had a right, in such a case, to give damages for such a purpose, but not to an arbitrary amount. Two thousand dollars was an…
2Cases cited1 opinion
- Holley v. MixNew York Supreme Court · 1829
3Cited by26 opinions
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Vernes v. PhillipsNew York Court of Appeals · 1935
- Sanders v. RolnickAppellate Terms of the Supreme Court of New York · 1947
- Hershey v. O'NeillU.S. Circuit Court for the District of Southern New York · 1888
- Lark v. BandeMissouri Court of Appeals · 1877
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