Hardenburgh v. Crary
New York Supreme Court
THIS is an appeal by the plaintiff from an order of Justice Gould granting a new trial for excessive damages in an action for assault and battery, tried before Justice Weight at the Sullivan circuit in J une, 1857, and in which the jury rendered a verdict for §500 in favor of the plaintiff, being the whole amount of damages claimed in the complaint.
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THIS is an appeal by the plaintiff from an order of Justice Gould granting a new trial for excessive damages in an action for assault and battery, tried before Justice Weight at the Sullivan circuit in J une, 1857, and in which the jury rendered a verdict for §500 in favor of the plaintiff, being the whole amount of damages claimed in the complaint. The collision arose in reference to a disputed occupancy of lands, each party claiming a right to the possession, and the evidence was to a considerable extent conflicting. But there was evidence tending to show the plaintiff in actual possession…
1Opinion of the CourtHogeboom, J.
There is one particular in which I think the judge at the circuit erred, and for which I think a new-trial ought to be granted, without examining the other questions in the case. He excluded evidence to show who was in the actual occupation of the premises in dispute; the object being, doubtless, to show that the defendant was so in possession. I think this was a question of fact, and not a conclusion of law. It was a question to be determined by ocular observation, and not by a process of reasoning. Actual possession means actual occupancy. It does not involve the question of right to the…
2Cases cited1 opinion
- Parsons v. BrownNew York Supreme Court · 1853
3Cited by4 opinions
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