Legal Opinion

Penny v. . Rochester Railway Company

New York Court of Appeals

Decided December 17, 1897PublishedCited by 5 opinions

Appeal, by certification, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 24, 1896, which unanimously affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The questions certified were as follows: First.

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Appeal, by certification, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 24, 1896, which unanimously affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The questions certified were as follows: First. Did the trial court err in sustaining the plaintiff’s objection to the following question put by the defendant’s counsel to John Greenwood, a witness sworn for the plaintiff, to wit: “ Q. Did you enter your grandfather’s house in the night time, through an…

1Opinion of the Court

Judgment affirmed, with costs, on opinion below, and each question certified answered in the negative.

All concur, except Haight, J., absent.

2Cited by5 opinions

  1. People v. OlsenNew York Court of Appeals · 1968
  2. McCarthy v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
  3. Johnson v. Yonkers RailroadAppellate Division of the Supreme Court of the State of New York · 1905
  4. Einsfeld v. Niagara Junction Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
  5. Marcucci v. BirdAppellate Division of the Supreme Court of the State of New York · 1949

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