Landell v. Hotchkiss

New York Supreme Court

Landell v. Hotchkiss

1 Thomp. & Cook 580

DecidedOctober 15, 1873

StatusPublished

This text of 1 Thomp. & Cook 580 (Landell v. Hotchkiss) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Landell v. Hotchkiss, 1 Thomp. & Cook 580 (N.Y. Super. Ct. 1873).

Pincite

Opinion

Mullin, P. J.

There is no direct proof that defendant fired the first shot. But haying been caught firing the second shot, with the animal still on his land, and it being obvious that the defendant, if he shot her, did so because she was trespassing, the transaction, taken altogether, furnished evidence from which the jury might infer that defendant fired the first shot. The court had no right to refuse to submit the evidence to them.

Judgment must be affirmed.

Judgment affirtjied.

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Mullin, P. J.

There is no direct proof that defendant fired the first shot. But haying been caught firing the second shot, with the animal still on his land, and it being obvious that the defendant, if he shot her, did so because she was trespassing, the transaction, taken altogether, furnished evidence from which the jury might infer that defendant fired the first shot. The court had no right to refuse to submit the evidence to them.

Judgment must be affirmed.

Judgment affirtjied.

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Bluebook (online)

1 Thomp. & Cook 580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landell-v-hotchkiss-nysupct-1873.