Legal Opinion

Walker v. Wilson

The Superior Court of New York City

Decided November 30, 1861PublishedCited by 2 opinions

Appeal from a judgment on a verdict, and also from an order at Special Term denying a motion for a new trial. This action was by Thomas Walker against Jacob Wilson.

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Appeal from a judgment on a verdict, and also from an order at Special Term denying a motion for a new trial. This action was by Thomas Walker against Jacob Wilson. The complaint alleged that the defendant, on March 31, 1859, “with force and arms, unlawfully entered and broke into the office and premises of the plaintiff, # * * and then and there made a great noise and disturbance therein, and continued therein making such noise and disturbance for fifteen minutes or thereabouts, and then and there forcibly and violently assaulted, beat and wounded one Gavin Brown, a clerk for the plaintiff…

1Opinion of the Court

By the Court—Mohcrief, J.

The reasons assigned by the Justice at Special Term, upon denying the motion for a new trial, are sufficient, satisfactorily to dispose of this appeal and to affirm the judgment and order.

In Hunt v. Bennett, (19 N. Y. R., 173,) the Judge had charged the Jury that “ the plaintiff was not only entitled to recover to the full extent of the injury done him, but a Jury might go further, and, if the circumstances of the case warranted it, increase the amount of damages as a punishment to the slanderer;” and to this charge the defendant had excepted. Upon the hearing of the…

2Cases cited5 opinions

  1. Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
  2. Vandenburgh v. TruaxNew York Supreme Court · 1847
  3. M'Connell v. HamptonNew York Supreme Court · 1815
  4. Kuhn v. NorthSupreme Court of Pennsylvania · 1823
  5. Bateman v. GoodyearSupreme Court of Connecticut · 1838

3Cited by2 opinions

  1. Pegram v. StortzWest Virginia Supreme Court · 1888
  2. Marchand v. HaberNew York Supreme Court · 1896

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