Hawksley v. Peace
Supreme Court of Rhode Island
Trespass. Heard on exceptions of defendant and overruled.
1Opinion of the CourtBaker, J.
This is an action of trespass for assault and battery. The declaration contains two counts, the first of which alleges "that the defendant on to wit, the 7th day of June, A. D. 1914, in Cranston, in said county,” . . . “was then and there possessed of a gun loaded with gun powder and leaden bullets, which said gun, so loaded he, the defendant, then and there held at or towards the plaintiff, and then and there with force and arms with one of said bullets fired by him from said gun struck and wounded the plaintiff in his left leg.” The second count charges assault and battery without…
2Cases cited20 opinions
- Morris v. PlattSupreme Court of Connecticut · 1864
- Rudd v. ByrnesCalifornia Supreme Court · 1909
- Welch v. DurandSupreme Court of Connecticut · 1869
- Bullock v. BabcockNew York Supreme Court · 1829
- State ex rel. Johnson v. CunninghamMississippi Supreme Court · 1914
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3Cited by5 opinions
- Frances Metzger Wirth Stephan, Guardian of the Estate of Charles Wirth v. The Marlin Firearms Company, Inc.Court of Appeals for the Second Circuit · 1965
- Callum v. Hartford Accident & Indemnity Co.California Court of Appeal · 1959
- Jensen v. MinardCalifornia Supreme Court · 1955
- Jensen v. MinardCalifornia Supreme Court · 1955
- Snyder v. Walters, Pennsylvania Court of Common Pleas, Berks County1933