Curry v. Wiborn
Appellate Division of the Supreme Court of the State of New York
Appeal from circuit court, Monroe county. Action by Mary Curry against Gershorn Wiborn and John W. Wiborn for assault and battery. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial on the minutes, and from an order denying the defendants’ motion for a new trial on the ground of newly-discovered evidence, defendants appeal.
1Opinion of the CourtAdams, J.
The complaint in this action charges the defendants with having committed an assault and battery upon the plaintiff at the house of the defendant Gershom Wiborn, in the city of Rochester, on the evening of April 11,1894. The plaintiff, it seems, *179was a domestic in the employ of the defendant Gershom Wiborn, who was a man of some means, having a family, consisting of a wife, two sons, and a daughter. At the time of the occurrence which gave rise to this action, both of the sons were attending school at or near Philadelphia, and the daughter was, on this particular evening, acting as an usher at…
2Cases cited5 opinions
- Gardner v. . ClarkNew York Court of Appeals · 1860
- Smith v. . Aetna Life Insurance Co.New York Court of Appeals · 1872
- Townsend Manufacturing Co. v. FosterNew York Supreme Court · 1868
- Adsit v. Wilson & ChamberlainNew York Supreme Court · 1852
- Mulligan v. New York Central & Hudson River RailroadNew York Supreme Court · 1890
3Cited by1 opinion
- Newton v. NewtonAppellate Division of the Supreme Court of the State of New York · 1898