Gates v. Lounsbury
New York Supreme Court
IN ERROR, to the Common Pleas of Madison comity. Gates brought an action of assault and battery, &c. against WiTliam Lounsbury¿ in the Court below.
Read the full summary
IN ERROR, to the Common Pleas of Madison comity. Gates brought an action of assault and battery, &c. against WiTliam Lounsbury¿ in the Court below. The declaration was for an assault and battery, in striking, beating, bruising, and wounding the plaintiff. _ The defendant pleaded, 1. Not guilty. 2. A special plea in bar, as to the assaulting, heating, bruising, wounding, and ill treating the plaintiff, actio non, &c„ for that the defendant, before and at the time, when, &c. was the servant of James Lounsbury, and had the care of keeping the colts" and horses of the said James, and that the…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court.
We are of opinion, that the judgment of the Court below is erroneous in two respects. The rejoinder attempts to put in issue a fact not triable, the intent of the plaintiff to impound the horse in the pound of the town, or public pound, before application was made to the fence-viewers, to ascertain and appraise the damage. If that intent had actually existed, at the time of taking the horse, it was revocable. The plaintiff had a perfect right to change his intention at any time before the horse was actually placed in the public pound. The…
2Cited by14 opinions
- Kamel Chaney-Snell v. Andrew YoungCourt of Appeals for the Sixth Circuit · 2024
- Adams v. RiversNew York Supreme Court · 1851
- People v. HagarCalifornia Supreme Court · 1877
- Tomkies v. ReynoldsSupreme Court of Alabama · 1849
- Jordon v. HayneSupreme Court of Iowa · 1872
9 more not listed; retrieve them via the Exa API.