Walsworth v. Wood
New York Supreme Court
Amendment of case. A motion was made to refer to the circuit judge, before whom this cause was tried, the case settled by him, on the allegation that facts had been embodied by him not insisted on by either party, and that a charge to the jury was stated to have been delivered, when in fact no charge whatever had been delivered, although in the progress of the trial the propositions set forth in the charge had been advanced by. the judge in the hearing of the jury.
1Opinion of the Court
By the Court,
Savage, Ch. J.
A circuit judge may with propriety insert in a case such facts transpiring on the trial of •a cause as he conceives necessary to render his charge intelligible, although not insisted on by either party. So he may state his charge in his own words, or in such terms as he chooses to adopt, without reference to the statements of the parties in the case served or amendments proposed. If the cause was submitted to the jury upon the proofs and allegations of the parties without a formal charge, but the judge had expressed his opinion in the hearing of the jury upon…
2Cited by1 opinion
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