Kurz v. Doerr
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Anton Doerr, from a judgment of the ■County Court of Queens county in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 18th day of June, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of July, 1902, denying the defendant’s motion for a new trial made upon the .minutes.
1Opinion of the Court
Hirschberg, J. :
This appeal presents but one question for consideration. The ■action is brought to recover damages for an assault committed with •a loaded firearm. The court having charged the jury that the burden was. upon the plaintiff to prove his cause of action by a preponderance of the evidence was asked by the defendant’s counsel to charge further “ that the defendant is presumed innocent until he *508is proven guilty.” To this the court replied : “ That presumption does not prevail here. It is a question of which one has presented to you a preponderance of the evidence; that is, does the…
2Cases cited8 opinions
- Pollock v. . PollockNew York Court of Appeals · 1877
- Seybolt v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- New York and Brooklyn Ferry Company v. . MooreNew York Court of Appeals · 1886
- Woodbeck v. KellerNew York Supreme Court · 1826
- Clark v. DibbleNew York Supreme Court · 1837
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3Cited by4 opinions
- Cooper v. Spring Valley Water Co.California Court of Appeal · 1911
- Serra v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- In re O'SullivanAppellate Division of the Supreme Court of the State of New York · 1907
- In re O'SullivanAppellate Division of the Supreme Court of the State of New York · 1907