Langlois v. Hayward
New York Supreme Court
Appeal from circuit court, Clinton county. Action by Elizabeth Langlois against Frederick F. Hayward, to recover damages for an alleged assault and battery committed by the defendant upon the plaintiff. Plaintiff appeals from an order setting aside a verdict in her favor, and awarding a new trial. The only evidence in support of the verdict bearing upon the question of the assault was the testimony of the plaintiff.
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Appeal from circuit court, Clinton county. Action by Elizabeth Langlois against Frederick F. Hayward, to recover damages for an alleged assault and battery committed by the defendant upon the plaintiff. Plaintiff appeals from an order setting aside a verdict in her favor, and awarding a new trial. The only evidence in support of the verdict bearing upon the question of the assault was the testimony of the plaintiff. She is positively contradicted by the defendant, and his testimony is in part contradicted by two witnesses, who were present at the time of the alleged assault and battery.
1Opinion of the CourtMayham, J.
The granting of a new trial upon the minutes of the court rests in the sound discretion of the trial judge, and his determination should not be interfered with on appeal, unless it is apparent that that discretion was abused or improperly exercised. Barrett v. Railroad Co., 45 N. Y. 628. We do not think that there was an abuse of that discretion in this case. The verdict rested solely upon the testimony of tfie plaintiff, wholly uncorroborated as to the assault. It is true that the doctor called by her as a witness says that the discoloration upon her arm might have been produced by the…
2Cases cited3 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Beckwith v. New-York Central RailroadNew York Supreme Court · 1865
- Meddaugh v. BigelowNew York Supreme Court · 1874
3Cited by4 opinions
- Slater v. DrescherNew York Supreme Court · 1893
- Horan v. Central Park, North & East River RailroadNew York Court of Common Pleas · 1894
- Foulke v. ThalmessingerThe Superior Court of the City of New York and Buffalo · 1894
- Kaare v. Troy Steel & Iron Co.New York Supreme Court · 1892