Wright v. . Smith
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered September 16, 1912, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered September 16, 1912, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. This action was brought to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendants, his employers The trial resulted in a verdict for the plaintiff and from the judgment entered thereon and an order denying a motion for a new trial defendants appealed. The Appellate Division reversed the said judgment and order and…
1Opinion of the CourtMiller, J.
The order and judgment of the Appellate Division are silent as to the grounds thereof. It must, therefore, be conclusively presumed that the reversal was not on a question of fact. (Section 1338, Code Civil Procedure, as amended by chap. 361 of the Laws of 1912.) But this court has repeatedly said that it could not entertain jurisdiction in such a case as -this even though it should conclusively appear that the decision below was based on questions of law only, that it must affirmatively appear that the order denying the motion for a new trial was affirmed on the facts or the appeal therefrom…
2Cases cited11 opinions
- Thurber v. . Harlem B., M. F.R.R. Co.New York Court of Appeals · 1875
- Hall v. . GouldNew York Court of Appeals · 1855
- Boos v. . World Mutual Life Insurance Co.New York Court of Appeals · 1876
- Bank of China, Japan & the Straits, Ltd. v. MorseNew York Court of Appeals · 1901
- Wright v. . HunterNew York Court of Appeals · 1871
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3Cited by6 opinions
- Junkermann v. . Tilyou Realty Co.New York Court of Appeals · 1915
- Middleton v. . WhitridgeNew York Court of Appeals · 1915
- People v. . RedmondNew York Court of Appeals · 1919
- Buczynski v. AndersonAppellate Division of the Supreme Court of the State of New York · 1916
- Caldwell v. . the City of New YorkNew York Court of Appeals · 1914
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