Werely v. . Persons
New York Court of Appeals
Appeal from the Supreme Court. The action was for an assault and battery. It was proved that the defendant kicked the plaintiff, a boy of 14 years, in his side. The plaintiff immediately complained that he was injured, and went away with his hand upon his side crying.
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Appeal from the Supreme Court. The action was for an assault and battery. It was proved that the defendant kicked the plaintiff, a boy of 14 years, in his side. The plaintiff immediately complained that he was injured, and went away with his hand upon his side crying. He left the defendant’s, where he was at work when the assault occurred; and the next day commenced work for a farmer in the same neighborhood, where he cradled all day and continued to do .good days’ work regularly, afterwards. A man who worked with him and slept with him during this time, for two or three weeks, was allowed to…
1Opinion of the Court
I am not able to distinguish this case, in principle, from those of Aveson v. Lord Kinnaird, (6 East, 188;) Gray v.Young, (Harper, 38;) and Caldwell v. Murphy, (1 Kern. 416.) The declarations in this case are a little more remote than in the previous cases, and the circumstances are such as to throw more doubt upon their sincerity, but their remoteness was not such as to furnish a ground for their exclusion. I think it entirely safe to leave the question to the jury in all such cases, whether any and what credit shall be given to such declarations. As was said by Judge JOHNSON, in the case of…
2Cited by15 opinions
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