Cox v. Oliver

Appellate Division of the Supreme Court of New York

Cox v. Oliver

257 A.D. 1021, 12 N.Y.S.2d 860, 1939 N.Y. App. Div. LEXIS 8933

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 13, 1939

StatusPublished

This text of 257 A.D. 1021 (Cox v. Oliver) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cox v. Oliver, 257 A.D. 1021, 12 N.Y.S.2d 860, 1939 N.Y. App. Div. LEXIS 8933 (N.Y. Ct. App. 1939).

Pincite

Opinion

Plaintiff has appealed from a judgment in favor of defendant and from an order denying his motion for a new trial. The action is one for assault and battery. Defendant is a police officer of the city of Albany. The proof is that on July 26, 1937, while defendant was in the performance of Ms duties as such police officer and while separating the participants in a fight, one of whom was plaintiff, he struck the plaintiff with Ms Mght stick. The jury found that the assault of plaintiff by defendant was justified. The evidence sustains the verdict. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Bliss and Heffernan, JJ.

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Plaintiff has appealed from a judgment in favor of defendant and from an order denying his motion for a new trial. The action is one for assault and battery. Defendant is a police officer of the city of Albany. The proof is that on July 26, 1937, while defendant was in the performance of Ms duties as such police officer and while separating the participants in a fight, one of whom was plaintiff, he struck the plaintiff with Ms Mght stick. The jury found that the assault of plaintiff by defendant was justified. The evidence sustains the verdict. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Bliss and Heffernan, JJ.

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Bluebook (online)

257 A.D. 1021, 12 N.Y.S.2d 860, 1939 N.Y. App. Div. LEXIS 8933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cox-v-oliver-nyappdiv-1939.