Legal Opinion

Cahill v. Terrio

Supreme Court of New Hampshire

Decided August 12, 1875PublishedCited by 3 opinions

TRESPASS, for assault and battery. The declaration is as follows: “ In a plea of trespass for that the defendant, at Somersworth, on the twentieth day of June, 1873, with force and arms, made an assault upon the plaintiff, and beat, bruised, and ill-treated him, and violently threw Mm upon the ground, and cruelly bruised and wounded him there lying by striking him with his fists and clubs, and, kicking him, broke sundry bones and dislocated one of his shoulders, choked him,…

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TRESPASS, for assault and battery. The declaration is as follows: “ In a plea of trespass for that the defendant, at Somersworth, on the twentieth day of June, 1873, with force and arms, made an assault upon the plaintiff, and beat, bruised, and ill-treated him, and violently threw Mm upon the ground, and cruelly bruised and wounded him there lying by striking him with his fists and clubs, and, kicking him, broke sundry bones and dislocated one of his shoulders, choked him, and other injuries then and there did, against the peace, and to the damage of the said plaintiff, as he says, the sum…

1Opinion of the Court

Amendment — Pleading — False imprisonment. The defendant objects to the proposed amendment, not because the form of the action is changed, nor that the identity of the cause of action is not preserved, — for the amendment is open to neither of these objections, — but because another or new claim of the same character as the original claim is introduced by the amendment. If this objection is well taken, the amendment cannot be allowed, although the declaration might originally have been framed, as the plaintiff now desires to have it, by his amendment.

A person may be guilty of an assault…

2Cases cited4 opinions

  1. Long v. RogersSupreme Court of Alabama · 1850
  2. Pike v. HansonSuperior Court of New Hampshire · 1838
  3. Stevenson v. MudgettSuperior Court of New Hampshire · 1839
  4. Berry v. OsbornSuperior Court of New Hampshire · 1854

3Cited by3 opinions

  1. Connell v. PutnamSupreme Court of New Hampshire · 1878
  2. Burnham v. PlantSupreme Court of New Hampshire · 1876
  3. Fogg. v. HoskinsSupreme Court of New Hampshire · 1878

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