Lipp v. . Otis Brothers Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 25, 1898, affirming a judgment in favor of plaintiff against the defendant Otis Brothers & Co. entered upon a verdict, and also affirming an order denying a motion to set aside the verdict and for a new trial. This action was brought to recover damages for the death of plaintiff’s intestate, alleged to have been caused by the negligence of the defendants.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 25, 1898, affirming a judgment in favor of plaintiff against the defendant Otis Brothers & Co. entered upon a verdict, and also affirming an order denying a motion to set aside the verdict and for a new trial. This action was brought to recover damages for the death of plaintiff’s intestate, alleged to have been caused by the negligence of the defendants. The facts, so far as material, are stated in the opinion. The learned trial judge erred in denying the motion made on…
1Opinion of the Court
Parker, Ch. J.
We are unable to agree with the prevailing opinion at the Appellate Division in so far as it excuses, if it does not fully justify, the course of the plaintiff in calling as his last witness his own son to tell the jury about the, children and grandchildren of the plaintiff, and thus calling attention to the great opportunities that the plaintiff had to make a charitable use of any surplus moneys he might have after satisfying his own personal necessities. The evidence could serve no other purpose than to arouse the sympathies of the jury, for none of the persons described were…
2Cases cited2 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Hutchins v. . HutchinsNew York Court of Appeals · 1885
3Cited by12 opinions
- Pitkin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Smith v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1904
- Murphy v. . Erie R.R. Co.New York Court of Appeals · 1911
- Austin v. . BartlettNew York Court of Appeals · 1904
- McCormick v. MerrittAppellate Division of the Supreme Court of the State of New York · 1931
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