Bliss v. . Johnson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made September 30, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This was an action for assault and battery. The defense was that the acts complained of were done by defendants lawfully in defense of their possession.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made September 30, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This was an action for assault and battery. The defense was that the acts complained of were done by defendants lawfully in defense of their possession. The case is reported upon a prior appeal, in 73 N. Y. 529. It appeared upon the trial that the assault complained of grew out of a controversy between the parties who owned adjoining farms in respect to the right to a quantity of…
1Opinion of the Court
Ruger, Ch. J.
The general principles involved in the disposition of this case were discussed and determined upon the former appeal to this court, reported in the 73 N. Y. Reports; and need not, therefore, be further considered.
The assault and battery which was the subject of the action took place in 1875 in the public highway which divided the respective farms of the plaintiff and defendants. On the trial each of the parties to the action claimed title to the locus in quo, but it was established by the proof, and assumed by the court, that the defendant, Royal Johnson, by virtue of a deed from…
2Cases cited2 opinions
- Bliss v. . JohnsonNew York Court of Appeals · 1878
- Wright v. WilliamsNew York Supreme Court · 1826
3Cited by29 opinions
- Belotti v. . BickhardtNew York Court of Appeals · 1920
- Philbin v. CarrIndiana Court of Appeals · 1920
- Archibald v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1899
- Cutting v. BurnsAppellate Division of the Supreme Court of the State of New York · 1901
- Berkowitz v. BrownNew York Court of Common Pleas · 1893
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