Fox v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Isadore M. Brown, from a judgment of the County Court of Schenectady county, entered in the office of the clerk of said county on the 21th day of March, 1915, upon the verdict of a jury for $800, and also from an order entered in said clerk’s office on the 1st day of April, 1915, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
The complaint alleges that the defendant conducted a jewelry store and pawnshop; that plaintiff entered the premises for the purpose of negotiating a loan, and that while thus lawfully upon the defendant’s premises, at his invitation, she was grossly assaulted, resulting in a severe nervous shock. There was a clear and decided conflict of evidence; the learned trial court stated frankly to the jury that they were to determine *662which of these two persons told the truth, and that one of them was deliberately falsifying the facts. lío exception was taken to the charge, which fairly…
2Cited by3 opinions
- Dorn v. ButtsAppellate Terms of the Supreme Court of New York · 1965
- Gales-Rojac Corp. v. Pennsylvania RailroadAppellate Terms of the Supreme Court of New York · 1956
- Fox v. BrownAppellate Division of the Supreme Court of the State of New York · 1915