Legal Opinion

Masters v. Becker

Appellate Division of the Supreme Court of the State of New York

Decided November 23, 1964PublishedCited by 30 opinions

1Opinion of the CourtChrist, J.

The single question is whether, with respect to a cause of action for assault, the definition of intent given by the trial court in its charge and in its ruling on an exception and a request to charge constituted reversible error. The court stated that the plaintiffs were required to establish that the infant defendant intended the act that resulted in injury, that she intended to commit an injury, and that she intended the very injury sustained by the infant plaintiff. The court also posed the question: “ Can a nine-year old, by her action, intend the injury which resulted in this case? ” To…

2Cases cited9 opinions

  1. Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
  2. Vandenburgh v. TruaxNew York Supreme Court · 1847
  3. Hawkins v. KuhneAppellate Division of the Supreme Court of the State of New York · 1912
  4. Baldinger v. BanksNew York Supreme Court · 1960
  5. McGovern v. WeisAppellate Division of the Supreme Court of the State of New York · 1943

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3Cited by30 opinions

  1. Richard Lambertson v. United StatesCourt of Appeals for the Second Circuit · 1976
  2. Wahlstrom v. Metro-North Commuter RailroadDistrict Court, S.D. New York · 2000
  3. Maines v. Cronomer Valley Fire Dept., Inc.New York Court of Appeals · 1980
  4. Laurie Marie M. v. Jeffrey T. M.Appellate Division of the Supreme Court of the State of New York · 1990
  5. Horton v. ReavesSupreme Court of Colorado · 1974

25 more not listed; retrieve them via the Exa API.

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