Legal Opinion

Shulman v. Stock

Supreme Court of Connecticut

Decided March 26, 1915PublishedCited by 7 opinions

Action to recover damages for an alleged assault and battery, brought to the Superior Court in New Haven County and tried to the jury before Williams, J.; verdict and judgment for the plaintiff for $575, and appeal by the defendants. Plaintiff sued Bane Stock and his son, Mitchell Stock, for damages for an assault described in the complaint as committed by both defendants.

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Action to recover damages for an alleged assault and battery, brought to the Superior Court in New Haven County and tried to the jury before Williams, J.; verdict and judgment for the plaintiff for $575, and appeal by the defendants. Plaintiff sued Bane Stock and his son, Mitchell Stock, for damages for an assault described in the complaint as committed by both defendants. The defendants answered separately, Bane Stock by a general denial, and Mitchell Stock by a denial coupled with a justification, to wit, that the plaintiff violently assaulted the father in the son’s presence, and Mitchell…

1Opinion of the CourtBeach, J.

The motion to set aside the verdict was properly denied. The witnesses, Taylor and Freedman, testified to a joint assault upon the plaintiff by both of the defendants, although they differed as to which began the assault. These were the only noncombatant eye-witnesses, and the jury may well have considered that their story was more likely to be accurate on this point than that of the participants in the fray.

The first verdict exonerating Mitchell Stock, and .-assessing the whole damages against Bane Stock, was plainly wrong in point of law. Up to the time when the plaintiff was hit on the…

2Cited by7 opinions

  1. Ball v. T. J. Pardy Construction Co.Supreme Court of Connecticut · 1928
  2. Blake v. City of WaterburySupreme Court of Connecticut · 1927
  3. State v. SearlesSupreme Court of Connecticut · 1931
  4. State v. DipietroSupreme Court of Connecticut · 1935
  5. Ralston v. StumpOhio Court of Appeals · 1944

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