Fraser v. . Freeman
New York Court of Appeals
Appeal by the defendant, Freeman, from a judgment of the General Term of the Supreme Court, in the first district, in favor of the plaintiff, rendered on the verdict of a jury.
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Appeal by the defendant, Freeman, from a judgment of the General Term of the Supreme Court, in the first district, in favor of the plaintiff, rendered on the verdict of a jury. The action was brought against the appellants, Freeman, Michael Ryan and Thomas Mullady, to recover damages for the death of James L. Fraser, alleged to have been caused by the wrongful acts of the defendant, and came on for trial (Freeman alone defending) before Mr. Justice Cardozo and a jury at the Mew York circuit, in May, 1868, .and the plaintiffs recovered. On the trial the evidence tended to show the following to…
1Opinion of the CourtAllen, J.
The exceptions taken upon the trial do not present any questions as to the character or degree of force which may be lawfully exerted to obtain access to preznises from which the rightful owner is tortiously and forcibly excluded. It will be assumed, for the purposes of this appeal, that the defendant was a trespasser, seeking by foz-ce to enter upon the premises in dispute, and that Mullady and the other persons aiding him were employed with a design to overcome all opposition, and to use such force as should be necessary to accomplish the purpose, and that this was illegal, and constituted…
2Cases cited2 opinions
- People v. EnochCourt for the Trial of Impeachments and Correction of Errors · 1834
- Fitzgerrold v. . the PeopleNew York Court of Appeals · 1868
3Cited by10 opinions
- Isaacs v. . Third Avenue R.R. Co.New York Court of Appeals · 1871
- Craven v. . BloomingdaleNew York Court of Appeals · 1902
- Davis v. HoughtellinNebraska Supreme Court · 1891
- Marion v. Chicago Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1884
- Pennsylvania Co. v. DeanIndiana Supreme Court · 1884
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