Collins v. . Butler
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered Hay 4,1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, as far as material, are stated in the opinion. The charge to the jury was erroneous. (Mott v. Con.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered Hay 4,1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, as far as material, are stated in the opinion. The charge to the jury was erroneous. (Mott v. Con. I. Co., 73 N. Y. 543; Dwinelle v. N. Y. C. & H. R. R. R. Co., 120 N. Y. 124; Fortune v. Trainer, 19 N. Y. Supp. 600; affd., 141 N. Y. 605; Hamel v. B. & N. Y. F. Co., 6 N. Y. Supp. 102; affd., 125 N. Y. 707; Girvin v. N.…
1Opinion of the CourtO’Brien, J.
The plaintiff recovered a verdict against the defendant in an action for assault and battery. It seems that the defendant is the proprietor of several stores in Brooklyn, where groceries, provisions and other goods are sold. It is not alleged or claimed that the defendant himself committed the assault, or directed it, or was present, or knew anything about it. The difficulty, whatever it really was, took place in one of the defendant’s stores between the plaintiff and one of the clerks. The defendant’s answer contained a general denial and the affirmative allegation “ that if any injuries…
2Cases cited16 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Colrick v. . SwinburneNew York Court of Appeals · 1887
- Mali v. . LordNew York Court of Appeals · 1868
- Frear v. . SweetNew York Court of Appeals · 1890
- Rounds v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1876
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- De Wolf v. . FordNew York Court of Appeals · 1908
- Nees v. Julian Goldman Stores, Inc.West Virginia Supreme Court · 1928
- Curran v. BuckpittAppellate Division of the Supreme Court of the State of New York · 1929
- Roystone v. Woodbury Dermatological InstituteNew York Supreme Court · 1910
- E. T. Burrowes Co. v. Rapid Safety Filter Co.Appellate Terms of the Supreme Court of New York · 1906
10 more not listed; retrieve them via the Exa API.