Radice v. Italiana

Appellate Terms of the Supreme Court of New York

Radice v. Italiana

19 Misc. 705

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 15, 1897

StatusPublished

This text of 19 Misc. 705 (Radice v. Italiana) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Radice v. Italiana, 19 Misc. 705 (N.Y. Ct. App. 1897).

Pincite

Opinion

Per Curiam.

The defendant conceded at the trial that if the sickness for which damages were claimed was not induced by a quarrel provoked by the plaintiff, then the amount sued for, $29.50, was correct.

The plaintiff testified that the sickness was caused by the foreman of the shop in which he worked pulling a knife out of the plaintiff’s hand and cutting the plaintiff’s thumb; and that he caused the arrest of the foreman therefor. The latter was after-. wards tried at the Special Sessions, and acquitted; and the question" whether the plaintiff or the foreman provoked the assault was one of fact, on which the justice found for the plaintiff.

This finding, which is sufficiently sustained by the evidence,brought the plaintiff within the concession made by the defendant, and- entitled him to the amount sued for.

The motion will, therefore, be denied, but without costs.' .

Present: Dalt, P. J., McAdam andxBischobf, JJ.

Motion denied, without costs.

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