Dolan v. Fagan
New York Supreme Court
THIS is an appeal from a judgment rendered at the circuit, upon a verdict against the defendant in an action for assault and battery,-on the ground of the exclusion of evidence on the part of the defendant, offered .in mitigation of damages. Exceptions were taken, and judgment stayed, to have the exceptions heard, in the'first instance, at the general term.
1Opinion of the Court
By the Court, P. Potter, J.
On the trial, the defendant offered to prove a series of provocations, repeated and continued from day today; and that at every time the parties met, the plaintiff" took occasion to insult the defendant with most approbrious language, and to such an extent, as stated in the proposition, as .to render the defendant wild, excited, frantic and partially insane. This evidence was objected to by the plaintiff as immaterial, irrelevant and- incompetent, and as too remote. The judge ruled that he would allow the defendant to show anything which took place on that day—the…
2Cases cited2 opinions
- Richardson v. NorthrupNew York Supreme Court · 1867
- Stetlar v. NellisNew York Supreme Court · 1871