Currier v. Swan
Supreme Judicial Court of Maine
On exceptions and motion eor a new trial. Trespass guare clausum against Alonzo B. Swan, (xaius Swan, Lawson C. Bryant and Lorenzo Cole, for breaking and entering the plaintiff’s dwelling, at Bryant’s Pond, on the fourth day of July, 1872, maiding a noise and disturbance therein, assaulting the plaintiff there, and pushing him down stairs and out of the house. The plea was the general issue only.
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On exceptions and motion eor a new trial. Trespass guare clausum against Alonzo B. Swan, (xaius Swan, Lawson C. Bryant and Lorenzo Cole, for breaking and entering the plaintiff’s dwelling, at Bryant’s Pond, on the fourth day of July, 1872, maiding a noise and disturbance therein, assaulting the plaintiff there, and pushing him down stairs and out of the house. The plea was the general issue only. It appeared that about five o’clock on the afternoon of that day an affray took place between Currier and Bryant, at the freight depot, where the latter was employed, immediately after which the…
1Opinion of the CourtPeters, J.
An affray took place between the plaintiff and one of the defendants, at a railroad depot in the afternoon, and on the evening of the, same day that defendant with the others proceeded to the plaintiff’s house, and inflicted violence upon him there. The defendants desired to show what took place in the afternoon, in mitigation of damages for the assault committed after-wards. - The justice presiding admitted in evidence the fact that *325there had been an affray, but excluded evidence of the details of it.
The ruling, both as to the admission and exclusion of evidence, was right. The admission was…
2Cases cited1 opinion
- Avery v. RayMassachusetts Supreme Judicial Court · 1804
3Cited by15 opinions
- Gunder v. TibbitsIndiana Supreme Court · 1899
- Meridian City Lines v. BakerMississippi Supreme Court · 1949
- Cohen v. BowdoinSupreme Judicial Court of Maine · 1972
- Hall ex rel. Hall v. McClureSupreme Court of Kansas · 1923
- Roche v. EganSupreme Judicial Court of Maine · 1981
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