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CASIMIR v. HOFFMAN

13 A.D.2d 532 (1961)

Elaine M. Casimir, an Infant, by Her Guardian ad Litem, Joseph A. Casimir, et al., Appellants, v. Charles Hoffman, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 20, 1961

Judgment reversed on the law and the facts, and a new trial ordered, with costs to abide the event.

In our opinion the evidence was sufficient prima facie to establish an assault and battery, committed with the necessary intent. Therefore, the question whether defendant actually had such intent, and the question whether the force he used was warranted or excessive under the circumstances, should have been submitted to the...

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