Butolph v. Blust
New York Supreme Court
The plaintiff brought this action to recover damages against the defendant for an alleged assault, battery and false imprisonment of the plaintiff by the defendant. In May, 1870, the plaintiff, (who is a farmer residing in the town of DeWitt, in Onondaga county), visited the city of Syracuse, for the purpose of doing some trading. He was accompanied by his wife, and drove one horse harnessed to a light buggy wagon.
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The plaintiff brought this action to recover damages against the defendant for an alleged assault, battery and false imprisonment of the plaintiff by the defendant. In May, 1870, the plaintiff, (who is a farmer residing in the town of DeWitt, in Onondaga county), visited the city of Syracuse, for the purpose of doing some trading. He was accompanied by his wife, and drove one horse harnessed to a light buggy wagon. On his way home, and when within a very few rods of the line separating the city of Syracuse and the town of Salina, his horse baulked and refused to proceed further. While…
1Opinion of the Court
By the court, Mullin, P. J.
The defendant was an aider-man of the city of Syracuse. In May, 1870, the plaintiff was in the city with his horse and wagon. The horse baulked' and the plaintiff beat him with his whip on the legs and struck him with the butt of-it on his head. The defendant saw the whipping and deeming it cruel, told the plaintiff to desist or he would have him arrested. The plaintiff told defendant, he would whip the horse and him too. The defendant went for the .police officer to make the arrest. He returned in about half an hour, and the plainiff seeing them approach, went…
2Cases cited2 opinions
- Holley v. MixNew York Supreme Court · 1829
- Taylor v. StrongNew York Supreme Court · 1829
3Cited by8 opinions
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- Rodgers v. SchroederMissouri Court of Appeals · 1926
- People v. SessaCriminal Court of the City of New York · 1964
- People v. Averill, New York County Courts1925
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