Bliss v. . Johnson
New York Court of Appeals
. Appeal from judgment of the General Term of the. Súfreme Court, in the third judicial department, affirming . a judgment in favor of plaintiff and affirming an order denying a motion for a new trial. This was an action for assault and-battery. The facts appear sufficiently in the opinion. The court erred in limiting defendants’ cross-examination to the question of actual physical occupation of the locus in quo, and to a time subsequent to the date of plaintiff’s deed.
Read the full summary
. Appeal from judgment of the General Term of the. Súfreme Court, in the third judicial department, affirming . a judgment in favor of plaintiff and affirming an order denying a motion for a new trial. This was an action for assault and-battery. The facts appear sufficiently in the opinion. The court erred in limiting defendants’ cross-examination to the question of actual physical occupation of the locus in quo, and to a time subsequent to the date of plaintiff’s deed. (Cowen’s Notes to Phil. Ev., 295, 353, 354.) The court erred in excluding evidence as to the location of the south line of…
1Opinion of the CourtAndrews, J.
The assault, which is the subject of this action, grew out of a controversy between the parties in respect to the right to certain hay, which, on the morning before the affray, had been cut by the plaintiff on the south side of the highway dividing the farms of the parties, and adjoining the plaintiff's land. The plaintiff, after mowing .the grass left it to dry, and the defendants, in the afternoon, while the plaintiff was absent, went into the highway-and commenced raking the hay and gathering it into piles, preparatory to removing it. The plaintiff was at work on his farm, and observing…
2Cases cited2 opinions
- Parsons v. BrownNew York Supreme Court · 1853
- Mussey v. ScottSupreme Court of Vermont · 1859
3Cited by34 opinions
- Neil v. Independent Realty Co.Supreme Court of Missouri · 1927
- In re RobbinsSupreme Court of Minnesota · 1885
- Judy v. CitizenIndiana Supreme Court · 1885
- Bliss v. . JohnsonNew York Court of Appeals · 1883
- Singer Sewing Machine Co. v. PhippsIndiana Court of Appeals · 1911
29 more not listed; retrieve them via the Exa API.