Charman v. Hibbler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Maria E. Hibbler, individually and as executrix, etc., of Joseph S. Hibbler, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 3d day of March, 1899, upon the special verdict of a jury; also from an order entered in said clerk’s office on the 18th day of February, 1899, denying the defendant’s motion for a new trial made upon the minutes, and also from an…
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Appeal by the defendant, Maria E. Hibbler, individually and as executrix, etc., of Joseph S. Hibbler, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 3d day of March, 1899, upon the special verdict of a jury; also from an order entered in said clerk’s office on the 18th day of February, 1899, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 24th day of February, 1899, amending the verdict in the action. This action…
1Opinion of the Court
Willard Bartlett, J.:
The character of this action and the facts sufficiently appear from the opinion written upon the previous appeal. (Charman v. Hibbler, 31 App. Div. 477.) The impression which we received upon the oral argument that the judgment would have to be reversed because evidence was admitted in violation of the rule laid down in the case of Jamieson v. Kings Co. Elevated Railway Co. (147 N. *450Y. 822), has only been strengthened and confirmed by an examination of the record .and further consideration of the points made by the counsel.
It is true, as. argued in the supplemental brief…
2Cases cited5 opinions
- Witmark v. New York Elevated RailroadNew York Court of Appeals · 1896
- Gouge v. . RobertsNew York Court of Appeals · 1873
- Thompson v. City of BostonMassachusetts Supreme Judicial Court · 1889
- Charman v. HibblerAppellate Division of the Supreme Court of the State of New York · 1898
- O'Sullivan v. New York Elevated Railroad & Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Charman v. TatumAppellate Division of the Supreme Court of the State of New York · 1900