61 Barb. 78
Decided November 14, 1871
New York Supreme Court · decided 1871-11-14
APPEAL, by the defendant, from a judgment entered upon the verdict of a jury. This action was brought to recover damages for an alleged assault and battery by the defendant, upon the plaintiff. The complaint contained two counts. The first count alleged an assault and battery committed on the 15th day of June, 1869, and the second count alleged an assault and battery committed on the 17th day of October, 1869.
Decided 1871-11-14
¶1Upon the whole charge, the jury were • left to consider the charge of false swearing one of the circumstances to enhance the damages. For this error of the court, the judgment must be reversed, and a new trial granted, with costs to abide the event.
¶2New trial granted.
¶3Miller, P. J., and Parker and Daniels, Justices.]