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Wherefore the plaintiff demands judgment against the defendant for damages to the amount of $2,000, and costs.

L. TREMAIN,

Plaintiff's Attorney.

(No. 66.)

Trespass to the person : Assault and battery.

Title of the Cause.

The plaintiff complains of the defendant, and alleges the following facts constituting his cause of action:

That on or about the 4th day of January, 1858, at the city of Troy, the abovenamed defendant assaulted said plaintiff, and beat him and struck him several violent blows on various parts of his body, and also threw the said plaintiff upon the ground and kicked him, by means whereof the plaintiff was hurt, and became and was sick and lame, and so continued to be for the space of four weeks then next following, during all which time the plaintiff suffered great pain and was prevented from transacting his ordinary business, and also thereby the plaintiff was forced to, and necessarily did, pay out large sums of money in endeavoring to be cured of the wounds and sickness aforesaid, occasioned as aforesaid.

Wherefore the plaintiff demands judgment, &c.

(No. 67.)

Trespass to the person : False imprisonment.

Title of the Cause.

The plaintiff complains of the defendant, and alleges the following facts constituting his cause of action.

That on or about the 6th day of February, 1858, the abovenamed defendant, at the city of Troy, assaulted the plaintiff, and with force compelled him to go from the dwelling-house of said plaintiff, in said city, into the public street, and thence to the police court in said city, and then and there imprisoned said plaintiff, and kept and detained him a prisoner, without any reasonable or probable cause or lawful authority, for the space of four hours, contrary to the law of this state and against the will of said plaintiff, by means of which the said plaintiff was greatly injured in his credit and circumstances, and was prevented from transacting his ordinary business, and otherwise injured, and has sustained damage to the amount of $300.

Wherefore the plaintiff demands judgment, &c.

(No. 68.)

For trespass to lands.

SUPREME COURT - COUNTY OF RENSSELAER.

Glen Vau Rensselaer

agt. The Hudson River Railroad Company.

The abovenamed plaintiff, Glen Van Rensselaer, complains of the abovenamed defendants, the Hudson River Railroad Company :

That heretofore, viz., on the 1st day of October, 1850, and on divers other days and times between that day and the day of the commencement of this action, at the town of Greenbush, in the county of Rensselaer, the said defendants, without leave and wrongfully entered into and upon the farm and premises of which the plaintiff then was and ever since has been and now is the owner, and of which, before said trespasses by said defendants, this plaintiff was possessed, situated in the town of Greenbush and county of Rensselaer aforesaid, and bounded as follows, to wit: [insert description], and then and there broke

up the ground on a part or strip of said farm, about six rods wide and about one hundred and seventy-five rods in length, northerly and southerly, through the centre or about the centre of said farm, and graded the said strip or part of said farm for the railroad of said defendants, and thereby rendered the same entirely unfit and

1 These allegations are sufficient in an action for trespass to real estate. It is not necessary to allege that the injury was committed “with force and arms,” or was "against the peace of the people,” &c., as in the old forms. (See Pleadings, 289, 290.)

useless to plaintiff for farming purposes or any other purpose, and during all the time aforesaid hindered and

prevented said plaintiff from any benefit, use or emjoyment thereof, and greatly damaged and injured the land of plaintiff adjoining thereto, to the damage of said plaintiff of $10,000, and therefore said plaintiff asks judgment in his favor against the said defendants for the said sum of $10,000, besides costs of this action.

J. S. COLT

Plaintiff's Attorney.

( No. 69.)

Trespass for taking and carrying away personal property.

SUPREME COURT - COLUMBIA COUNTY.

The New-York and Harlem Railroad Com

pany

agt.
John S. Decker.

The complaint of the New-York and Harlem Railroad Company, plaintiffs in this action, against John S. Decker, defendant, respectfully shows to this court:

That the plaintiffs are a company, duly incorporated under the laws of the State of New York as the NewYork and Harlem Railroad Company, for the transportation of freight and passengers from the city of New York to Chatham, New-York, on the line of their railroad, and to and from the intermediate stations thereon.

That on or about the 20th day of February, 1855, the said plaintiffs had in their possession in their depot known

as Bain's Station, on the line of their railroad, in the town of Copake, New-York, about ten barrels of rye flour, of the value of $80, which said plaintiffs had received for transportation on their railroad to the said city of NewYork.

And plaintiffs further show, that they also had in their possession, at the same time and place, about six bags filled with clover seed, in all about fourteen bushels and seven pounds of clover seed, of the value of $200, which said plaintiffs had before that day transported on their said railroad to said depot and station, and which was then and there in said plaintiffs' possession for delivery, and being so possessed of said barrels of rye flour, and about six bags filled with clover seed, the said defendant, on or about the 20th day of February aforesaid, forcibly entered into the said plaintiffs' depot at Copake, aforesaid, and then and there wrongfully took and carried away the said barrels of rye flour and about fourteen bushels and seven pounds of clover seed and about six bags from the said plaintiffs’ possession.

Wherefore plaintiffs demand that defendant may be adjudged to pay the plaintiffs' damage, to the sum of $280, with interest from the 20th day of February, 1855, and the costs of this action.

R. G. DORR,

Plaintiffs' Attorney.

See note to No. 71, post, p. 492, as to allegation of facts showing plaintiff's title to sue, when he has only a special property in the goods; see, also, Pleadings, 289, 290.

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