New York Court of Appeals January 14, 1890 (O'Donnell v. McIntyre)

lead-opinion

Parker, J.

The question requiring consideration is presented by an exception taken to the charge of the learned trial justice. He instructed the jury that the plaintiff was at the time of the quarrel in possession of the premises and had the right to use reasonable force to retain her possession and to eject the defendant; that he had no right to exercise force to acquire possession