Krom v. Schoonmaker
New York Supreme Court
This was an action for false imprisonment, tried before Mr. Justice Willard at the Ulster circuit, in September, 1847. It appeared upon the trial that the defendant was a justice of the peace of the town of Rochester, and, as such justice, on the 4th day of January, 1847, issued a warrant in the following words: “ Ulster 'county, ss.
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This was an action for false imprisonment, tried before Mr. Justice Willard at the Ulster circuit, in September, 1847. It appeared upon the trial that the defendant was a justice of the peace of the town of Rochester, and, as such justice, on the 4th day of January, 1847, issued a warrant in the following words: “ Ulster 'county, ss. To any county of said county, greeting: In the name of the people of the state of New-York, you are hereby commanded to take the body of Solomon J. Krom, and bring him before me forthwith, to answer said people in a complaint of perjury said to have happened in…
1Opinion of the Court
By the Court,
Harris, J.
A lunatic cannot be punished for crime, but he may be sued for an injury done to another. He is not a free agent, capable of intelligent, voluntary action, and therefore is incapable of a guilty intent, which is the very essence of crimé j but a civil* action, to recover damages for an injury may be maintained against him, because the intent with which the act is done is not material. But the principle upon which I'his distinction rests reaches also to the measure of damages in a civil action. Ordinarily, in an action for a personal injury; the amount of damages is, at…
2Cited by13 opinions
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- Murray v. Hudson River RailroadNew York Supreme Court · 1866
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