Legal Opinion

Genung v. Baldwin

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902Published

Appeal by the defendant, Hugh J. Baldwin, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tioga on the 9th day of September, 1901, upon the verdict of a jury for $450, and also from an order entered in said clerk’s office on the 5th day of September, 1901, denying the defendant’s motion for a new trial made upon the minutes-.

1Opinion of the CourtFursman, J.

On the evening of April 20, 1901, the defendant entered the office of the plaintiff, who was an editor of a newspaper published at Waverly, F. Y., and assaulted him. There was no immediate provocation for such assault. The plaintiff had published certain articles in his newspaper which the defendant deemed derogatory to his character. The last of these had been brought to the attention of the defendant some hours before the assault. Thé verdict of the jury, fully justified by the evidence, establishes that the assault was without justification, and the only questions to be con*196sidered are…

2Cases cited5 opinions

  1. Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
  2. Voltz v. . BlackmarNew York Court of Appeals · 1876
  3. Corning v. . CorningNew York Court of Appeals · 1851
  4. Bulger v. . RosaNew York Court of Appeals · 1890
  5. Stetlar v. NellisNew York Supreme Court · 1871

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