Jewett v. Banning
New York Supreme Court
APPEAL from an. order made at a special term, granting a new trial. The action was for an assault and battery alleged to have been committed by the defendant upon the plaintiff. The plaintiff recovered a verdict, at the Monroe circuit, which was set aside at a special term held in the county of Yates in November, 1855.
1Opinion of the Court
By the Court, Welles, J.
As we are satisfied with the views of the learned justice who held the special term, on all the points excepting the one upon which the new trial was granted, it will be unnecessary to consider any except the latter.
Upon the trial it appeared that in November, 1852, the plaintiff’s arm was considerably injured, which she claimed was done by the defendant violently seizing and wrenching it. There was no direct and positive evidence that the injury was occasioned by the defendant. Josiah Trip, a witness for the plaintiff, testified, among other things, that shortly after…
2Cited by2 opinions
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- Ackerson v. PeopleIllinois Supreme Court · 1888