Hyatt v. Wood
New York Supreme Court
THIS was an action of trespass, assault, and battery* The cause was tried at the Seneca circuit, the 22d June, 1807, before Mr. Justice Tompkins. , The plaintiff and the defendant were in a meadow, which each claimed as his own, and each ordered the other to go out, when the defendant struck the plaintiff with a stick, and a scuffle ensued.
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THIS was an action of trespass, assault, and battery* The cause was tried at the Seneca circuit, the 22d June, 1807, before Mr. Justice Tompkins. , The plaintiff and the defendant were in a meadow, which each claimed as his own, and each ordered the other to go out, when the defendant struck the plaintiff with a stick, and a scuffle ensued. It was proved that one Green had executed a deed to the defendant, for lot no. 80 in Junius, including the meadow where the trespass was committed, and that he sur-, rendered the possession to the defendant on the 1st March, 1805. It appeared that Green…
1Per curiam
If this had been an action quare clausum •fregit, in which the right to the freehold came in the ques*241iion, there might be some reason for granting a new trial. But for an assault by which the party has sustained little or no injury, there seems to be no suEcient ground for the court to interfere. It has frequently been decided in this court, that in cases where the damages are trifling, a new trial will not be granted after a verdict for the defendant, merely to give the plaintiff an opportunity to recover nominal damages, and when no end of justice is to be attained by it, though there may…
2Cited by13 opinions
- Ely v. ParsonsSupreme Court of Connecticut · 1886
- Billings v. VanderbeckNew York Supreme Court · 1857
- Corbitt & Macleay v. Salem Gaslight Co.Oregon Supreme Court · 1877
- Funk v. Evening Post Publishing Co.New York Supreme Court · 1894
- Devendorf v. WertNew York Supreme Court · 1864
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