Cole v. . Fall Brook Coal Co.
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered August 14, 1895, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages for personal injuries alleged to have been sustained by the plaintiff through the negligence of defendant when in its employ as a brakeman upon a railroad operated by it.
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Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered August 14, 1895, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages for personal injuries alleged to have been sustained by the plaintiff through the negligence of defendant when in its employ as a brakeman upon a railroad operated by it. The facts, so far as material, are stated in the opinion. The statement made by the plaintiff’s counsel in summing up to the jury, that the…
1Opinion of the Court
Mar™*, J.
The first ground for reversal upon which the ajjpellant insists, relates to the action of the plaintiff’s counsel in summing up to the jury. This question arises, not upon an exception taken upon the trial, but upon an appeal from an order denying a motion for a new trial based upon the improper action of the plaintiff’s attorney.
An affidavit of the defendant’s attorney, in which his counsel also joined, was read on the motion and is to the effect that in summing up the counsel for the plaintiff stated to the jury that on the first trial of the action the verdict was for the…
2Cases cited12 opinions
- Gall v. . GallNew York Court of Appeals · 1889
- Greenfield v. . People of the State of N.Y.New York Court of Appeals · 1881
- Cowley v. . People of the State of New YorkNew York Court of Appeals · 1881
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Platner v. . PlatnerNew York Court of Appeals · 1879
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3Cited by26 opinions
- People v. . FieldingNew York Court of Appeals · 1899
- People v. . PrioriNew York Court of Appeals · 1900
- People v. . SmithNew York Court of Appeals · 1902
- Claim of Miller v. National Cabinet Co.New York Court of Appeals · 1960
- Finn v. . CassidyNew York Court of Appeals · 1901
21 more not listed; retrieve them via the Exa API.