Beck v. Libraro
New York Supreme Court, Appellate Division
220 App. Div. 547, 221 N.Y.S. 737 (1927)
- Written by Salina Kennedy, JD
Facts
A man (shooter) (defendant) fired several gunshots from his window into the lighted window of his neighbor (plaintiff) moments after the neighbor had given birth. The bullets broke the window, struck the room in which the neighbor was lying in bed, and destroyed several of the neighbor’s possessions. None of the bullets struck the neighbor. The neighbor sued the shooter for assault, alleging that although she was not struck by the bullets, the man’s actions had caused her extreme fright resulting in illness. The trial court dismissed the neighbor’s complaint for failure to state a cause of action. The neighbor appealed to the New York Supreme Court, Appellate Division.
Rule of Law
Issue
Holding and Reasoning (Kapper, J.)
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