Root v. King
New York Supreme Court
The defendants having made a case upon which to move for a new trial, and the plaintiff having proposed amendments, in which he did not object to the charge of the circuit judge as set forth in the case made; both the draft of the case and amendments were sent to fhe judge by the defendant for the purpose of being settled. The judge proceeded to settle the case accordingly.
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The defendants having made a case upon which to move for a new trial, and the plaintiff having proposed amendments, in which he did not object to the charge of the circuit judge as set forth in the case made; both the draft of the case and amendments were sent to fhe judge by the defendant for the purpose of being settled. The judge proceeded to settle the case accordingly. He struck out the charge as inserted by the defendant, and substituted one according to his own notes and recollection ; and made corrections in the facts of the case, without regarding the time and place at which the…
1Opinion of the Court
Savage, Ch. J.
Whatever course the parties may take in fixing on a judge’s charge, to be inserted in a ease, it is the right of the judge to see that it is correct. Neither the parties nor their counsel have a right, at their pleasure, to make out such a charge as will appear absurd or ridiculous. All they can require is, that the opinions expressed to the jury be substantially presented. But we think the judge erred in deciding that counsel should not be heard before him in relation to settling the ease ; and on this ground the motion must be granted.
Sutherland, J.
The charge is always subject…
2Cited by3 opinions
- Fielden v. LahensThe Superior Court of New York City · 1862
- McNamee v. HuckabeeSupreme Court of South Carolina · 1883
- Zelinka v. KrauskopfNew York Marine Court · 1877