Brown v. Bennett
New York Supreme Court
Trespass, assault and battery, tried before Williams, C. Judge, at the Oneida Circuit, on the 24th day of July, 1823, The declaration contained two counts. 'The first charged, that the defendant, on the 24th of May, 1822, with force ’ , , . ’ and arms, &c. made an assamt upon the plamtin, to wit, at Yernon, &c. and then and there, with his hands, fists and feet, and with clubs, stones, whips and sticks, and with the wheels of carriages, gave and struck, the plaintiff a great…
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Trespass, assault and battery, tried before Williams, C. Judge, at the Oneida Circuit, on the 24th day of July, 1823, The declaration contained two counts. 'The first charged, that the defendant, on the 24th of May, 1822, with force ’ , , . ’ and arms, &c. made an assamt upon the plamtin, to wit, at Yernon, &c. and then and there, with his hands, fists and feet, and with clubs, stones, whips and sticks, and with the wheels of carriages, gave and struck, the plaintiff a great many violent blows and strokes, on and about his head, face, breast, back, shoulders, arms, legs, and divers other…
1Opinion of the Court
Curia, per Sutherland, J.
The evidence was properly rejected. The general replication, de injuria, &c. denies that the plaintiff made the first assault, &c. as alleged in the plea of son assault. Where the plea, therefore, is true in fact, and the plaintiff relies upon special circumstances or facts to justify the assault, which he admits he first made, he must set them out specially in his replication, and not reply generally de injuria. (Chit. Plead. 563,4.) When, in fact, therefore, the plaintiff made the first assault, or whenever, in answer to the defendant’s plea of son assault, he…
2Cases cited1 opinion
- Collier v. MoultonNew York Supreme Court · 1810
3Cited by3 opinions
- Allen v. CrofootNew York Supreme Court · 1827
- Ruckman v. Ridgefield Park RailroadSupreme Court of New Jersey · 1875
- United States v. Theodore EdmondsCourt of Appeals for the Third Circuit · 1996