Elliott v. Brown
New York Supreme Court
Error from the New-York common pleas. Brown sued Elliott in an action of an assault and battery. The defendant pleaded not guilty, and subjoined a notice of son assault demesne.
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Error from the New-York common pleas. Brown sued Elliott in an action of an assault and battery. The defendant pleaded not guilty, and subjoined a notice of son assault demesne. On the trial of the cause, the plaintiff proved that the defendant struck him in the face, or put his fist in his face; upon which, as it appeared by the evidence on the part of the defendant, the plaintiff threw the defendant down on the pavement with violence, and when he arose again, clenched him and threw him down, his head striking the curb stone; his head was badly cut, and bled; he was greatly hurt and bruised,…
1Opinion of the Court
By the Court, Savage, Ch.
J. The first question is an important one, and it is rather strange that no case is to be found, as far as my researches have extended, where the point has been adjudicated. It has been decided by this court, though I cannot find the decision reported, that there cannot be a recovery by both parties in cross-actions. The party who first recovers, may plead that recovery in the suit against himself for the same affray. Had the parties been reversed in this case, upon the same testimony which was given, the court would no doubt have charged the jury, that although…
2Cited by14 opinions
- Nolton v. MosesNew York Supreme Court · 1848
- Hicks v. FosterNew York Supreme Court · 1853
- Scribner v. BeachNew York Supreme Court · 1847
- Holmes v. JonesNew York Supreme Court · 1888
- Bailey v. KayNew York Supreme Court · 1867
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