Moebus v. Becker
Supreme Court of New Jersey
The plaintiff and defendant, both minors, were gunning on November 7th, 1882, in South Brunswick township, Middle-sex county. As they were sitting on a fence, about fifty feet apart, Becker asked Moebus to pick up a stone for him to shoot at; he assented, came within fifteen feet of where Becker was sitting, stooped to pick up a small stone; as he did so, Becker said, “ No, not that,” but pointing with his gun to another, he said, “ that one.”
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The plaintiff and defendant, both minors, were gunning on November 7th, 1882, in South Brunswick township, Middle-sex county. As they were sitting on a fence, about fifty feet apart, Becker asked Moebus to pick up a stone for him to shoot at; he assented, came within fifteen feet of where Becker was sitting, stooped to pick up a small stone; as he did so, Becker said, “ No, not that,” but pointing with his gun to another, he said, “ that one.” Moebus stooped again to pick up the stone indicated, and as he did so he was shot in the fleshy part of the left thigh by the defendant’s gun, which…
1Opinion of the Court
The opinion of the court was delivered by
Scudder, J.
On this writ of error, which presents only-the exception taken to the refusal of the court to charge as requested, the case is not in a position to decide the propriety of the verdict which the jury have found. The plaintiff puts himself on the single ground that it was not a proper case for the jury, and that the court erred in submitting it to them. He must therefore be at the disadvantage of conceding all that may be rightly claimed from the evidence, taken most strongly *43against himself when asking for positive instructions. Whenever…
2Cases cited6 opinions
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- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Brooks v. Inhabitants of SomervilleMassachusetts Supreme Judicial Court · 1871
- Morgan v. CoxSupreme Court of Missouri · 1856
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3Cited by8 opinions
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- Everette v. City of New KensingtonSuperior Court of Pennsylvania · 1978
- Alston v. City of CamdenNew Jersey Superior Court Appellate Division · 2000
- DAVIS EX REL. DAVIS v. HellwigNew Jersey Superior Court Appellate Division · 1955
- Stoelting v. HauckNew Jersey Superior Court Appellate Division · 1959
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