Credit v. Brown
New York Supreme Court
IN ERB.ORs on certiorari, from a justice’s court; Brown sited Credit, before the justice, in trespass, for killing the plaintiff’s dog. The defendant pleaded not guilty. There was a trial by jury. The plaintiff proved that the defendant confessed that he shot the plaintiff’s dog, who assaulted him in the main road; and the defendant, at the trial, also confessed the fact, and the necessity of killing the dog.
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IN ERB.ORs on certiorari, from a justice’s court; Brown sited Credit, before the justice, in trespass, for killing the plaintiff’s dog. The defendant pleaded not guilty. There was a trial by jury. The plaintiff proved that the defendant confessed that he shot the plaintiff’s dog, who assaulted him in the main road; and the defendant, at the trial, also confessed the fact, and the necessity of killing the dog. The jury gave a verdict for the which the justice gave judgment. for three dollars, on
1Per curiam
There was no proof by which to charge the defendant, except his own confession, which the jury ought to have taken altogether, and not to have charged him with killing the dog) without giving due weight to what the defendant said, at the same time, in justification. He killed the dog, but he did so, because the dog assaulted him, in the night, in the highway. It was, therefore, a justifiable act, and the verdict of the jury was against, law and evidence.
Judgment reversed. -
2Cited by8 opinions
- Morris v. JamiesonIllinois Supreme Court · 1903
- Barnes v. AllenNew York Court of Appeals · 1864
- Dorlon v. DouglassNew York Supreme Court · 1849
- ABIGAIL ALLIANCE FOR BETTER ACCESS v. Von EschenbachCourt of Appeals for the D.C. Circuit · 2007
- Abigail Alliance for Better Access to Developmental Drugs v. von EschenbachCourt of Appeals for the D.C. Circuit · 2007
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