Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume N . 2

Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume N . 2

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...of the plaintiff ought to have been covered by the body of the plaintiff, if his statement of the relative positions of the actors in the incident was correct. Held, that it was impossible to estimate the effect of such an explosion, and that the court would not reverse the judgment because of eccentric results which proceeded from it. APPEAL by the defendant, Russell Sage, from a judgment of the Supreme Court in favor of the plaintiff, entered in the oflice of the clerk of the county of New York on the 19th day of June, 1895, upon the verdict of a jury rendered after a trial at the New York Circuit, and also from an order bearing date the 18th day of June, 1895, and entered in said clerk's oflice, denying the defendant's motion for a new trial made upon the minutes. Edward Cl Jams and Rush T aggart, for the appellant. PA'l'l'ERSON', J.: We are asked to reverse the judgment appealed from and to send this cause back for a fifth trial upon a record containing something over two hundred exceptions, applying in various ways to almost everything not in the interest of the defendant said or done by the justice who presided at the last trial. ' Ve have carefully examined the whole case and find there was no error committed of a character or suflicient in gravity to call for the resubmission of the issues to a jury; and that the case is now in such condition that the important question of the liability of the defendant as matter of law may be properly presented to the court of last resort; but it is due to the defendant and his counsel that the reasons which impel us to atiirm this judgment should be fully set forth. In former opinions of the General Term in this department the rule of decision applicable to this particular more

Product details

  • Paperback | 294 pages
  • 189 x 246 x 16mm | 531g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236574370
  • 9781236574374