Berkowitz v. Schlanger
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the City Court of the city of Mew York entered in favor of the plaintiff upon the'verdict of a jury and from an order denying a motion for a new trial.
1Opinion of the CourtPage, J.
This is an action to recover damages for assault and battery, alleged to have been committed upon the plaintiff by the defendant in the latter’s saloon.
The plaintiff testified that the defendant struck him twice on the shoulder, fracturing his collar bone. As to the occurrences in the saloon he was the sole witness in his behalf, although it appeared that there were from twenty-five to thirty people present at the time.
The defendant denied having struck the plaintiff, and was corroborated by the bartender, his wife, and four customers who were present at the time. After correctly charging as…
2Cases cited2 opinions
- Smith v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1902
- Rheinfeldt v. DahlmanAppellate Terms of the Supreme Court of New York · 1897
3Cited by2 opinions
- In re a Paper Propounded for Probate as the Last Will & Testament of KlinznerNew York Surrogate's Court · 1911
- People v. MarinoAppellate Division of the Supreme Court of the State of New York · 1934