Anthony v. Smith
The Superior Court of New York City
This action comes before the Court at General Term, on two appeals taken by the defendant, which were argued together. The action is brought to recover damages - for an assault and battery committed by the defendant upon the plaintiff. It was tried before Mr. Justice Slossow and a jury, on the 5th of March, 1858, and. the plaintiff recovered a verdict for $500. On the 12th of March, 1858, judgment was entered on the verdict, and a judgment-roll filed.
Read the full summary
This action comes before the Court at General Term, on two appeals taken by the defendant, which were argued together. The action is brought to recover damages - for an assault and battery committed by the defendant upon the plaintiff. It was tried before Mr. Justice Slossow and a jury, on the 5th of March, 1858, and. the plaintiff recovered a verdict for $500. On the 12th of March, 1858, judgment was entered on the verdict, and a judgment-roll filed. Notice of the judgment was served on the 7th of April, and a notice of appeal from the judgment was served on the 6th of May, 1858. On the 14th…
1Opinion of the Court
By the Court—Bosworth, Ch. J.
The appeal from the judgment brings under review only the exceptions taken during the progress of the trial. It does not raise the question whether the verdict is against evidence. That can only be considered at General Term on an appeal, from an order denying a motion for a new trial, taken under section 849 of the Code.
*508Dr. Rowland testified as an expert as to the effect produced on the plaintiff, by facts within his own knowledge. He spoke of the effect of injuries which he had seen, and in respect to which he was consulted at the time of their occurrence, and…
2Cases cited7 opinions
- Schauber v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1828
- Smith v. ThompsonNew York Supreme Court · 1823
- Hastings v. PalmerNew York Supreme Court · 1838
- Benedict v. CaffeThe Superior Court of New York City · 1854
- Ex parte HillNew York Supreme Court · 1824
2 more not listed; retrieve them via the Exa API.