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Beck v. Libraro

New York Supreme Court, Appellate Division

220 App. Div. 547, 221 N.Y.S. 737 (1927)

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

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Issue

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Holding and Reasoning (Kapper, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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