Howe v. Oldham
New York Supreme Court
Appeal from circuit court, Orange county. Action by Albert G. Howe against Edward M. Oldham for-malicious prosecution. From a judgment for plaintiff, entered on a verdict, defendant appeals.
1Opinion of the CourtBarnard, P. J.
The defendant procured the arrest of the plaintiff for an assault in the third degree committed by the plaintiff upon him. The plaintiff was acquitted. Upon the trial it appeared that the plaintiff was a commissioner of highways of the town of Woodbury. On the 23d of May, 1892, he was working upon a road claimed to be a public highway. The defendant, for the purpose of obstructing the work, had drawn a wagon into the brook to prevent the building of a bridge over the brook. The defendant did this under a claim that the road was not a public highway. The plaintiff put his hands on the wagon to…
2Cases cited2 opinions
- Heyne v. . BlairNew York Court of Appeals · 1875
- English v. MajorNew York Supreme Court · 1891