Parsons v. Brown
New York Supreme Court
Appeal from an order made at a special term, granting a new trial. The action was for an assault and battery, and was tried fit the Monroe circuit in April, 1852, before Harris, justice. The complaint was in the ordinary form.
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Appeal from an order made at a special term, granting a new trial. The action was for an assault and battery, and was tried fit the Monroe circuit in April, 1852, before Harris, justice. The complaint was in the ordinary form. The answer contained three defenses; 1. A denial of the material allegations of the complaint. 2. The common defense of son assault demesne, 8. That the defendant was in possession of a part of a saw mill; that while he was endeavoring to open the door of the saw mill the plaintiff assaulted him and dispossessed him of his premises; that he defended himself against the…
1Opinion of the Court
By the Court, Welles, P. J.
The objection to the evidence given by the witness^, Shadrack Parsons, that his brother, the plaintiff, had possession of the saw mill, &c. is without foundation. It is not denied that the question of possession was material, but the objection is, that it was a mixed one, of law and fact, and that the witness should only have been permitted to testify as to the facts constituting possession. I think the objection is too nice. The evil apprehended—that of the witness misjudging the meaning of the word possession—can always be guarded against by a cross-examination.…
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