Bull v. Colton
New York Supreme Court
APPEAL from the Madison county court. The action was brought before a justice of the peace, where the plaintiff complained of the defendant as follows : “ That said defendant, on or about the 8th of June, 1824, with force and arms, to wit, at Lenox, made an assault upon the horse of said plaintiff, while said horse was attached to a buggy wagon of plaintiff, and while plaintiff was in said wagon, by willfully and maliciously striking, whipping, beating and pounding said…
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APPEAL from the Madison county court. The action was brought before a justice of the peace, where the plaintiff complained of the defendant as follows : “ That said defendant, on or about the 8th of June, 1824, with force and arms, to wit, at Lenox, made an assault upon the horse of said plaintiff, while said horse was attached to a buggy wagon of plaintiff, and while plaintiff was in said wagon, by willfully and maliciously striking, whipping, beating and pounding said horse with a whip and hoe; and greatly injured, hurt and damaged said horse, and caused said horse to rear up, jump and run,…
1Opinion of the Court
By the Court, Balcom, J.
If the plaintiff had unnecessarily stopped with his horse and wagon in the highway, and there-hindered the defendant or the men under him, while repairing such highway, the defendant, as overseer of such highway, would have been justified in using all necessary and proper force to remove the plaintiff from the place where the defendant was at work, if the plaintiff had neglected or refused to pass along, after being requested' to do so by the defendant. But this point is disposed of by the finding of the justice upon the evidence.
If this action is brought for an…
2Cases cited3 opinions
- Farrington v. PayneNew York Supreme Court · 1818
- People v. LeeNew York Court of Common Pleas · 1823
- Rich v. HogeboomNew York Supreme Court · 1847
3Cited by1 opinion
- Law v. McDonaldNew York Supreme Court · 1881