Sandles v. Levenson
Appellate Division of the Supreme Court of the State of New York
Ingraham and Hatch, JJ., dissented. Appeal by the plaintiff, James A. Sandies, an infant, by John Sandies, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 23d day of January, 1902, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case upon a trial at the New York Trial Term.
1Dissent
Hatch, J. (dissenting):
The complaint in this action contains two counts, one for assault and battery claimed to have been committed upon the person of the plaintiff by the watchman employed by the defendant in and about his business. The second cause of action charges negligence and is based upon the same facts. The court ruled upon the trial that the proof was insufficient to base a finding of negligence and dismissed the complaint for that reason, and, upon the question of assault, the court concluded that the action could not be maintained for the reason that at the time of its commission…
2Cases cited4 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Grimes v. YoungAppellate Division of the Supreme Court of the State of New York · 1900
- Montgomery v. SartiranoAppellate Division of the Supreme Court of the State of New York · 1897