Kummer v. Christopher & East Tenth Street Railroad
New York Court of Common Pleas
Action by Charles Kunurier against the Christopher & East Tenth Street Railroad Company. Plaintiff made a motion for resettlement of an order dated February 6, 1893, reversing a judgment for plaintiff entered on a verdict, and an order denying defendant’s motion for a new trial on the minutes. Granted in part, and denied in part.
1Per curiam
Our reversal of the judgment and order appealed from proceeded upon the ground that the verdict was contrary to the evidence, (see opinion, 21 N. Y. Supp. 941;) and the purport of respondent’s present motion is to have the ground of reversal recited in the order entered upon our decision of the appeal. Such a recital is, however, not only unnecessary, (Goodwin v. Conklin, 85 N. Y. 21,) but also without authority, (Harris v. Burdett, 73 N. Y. 136,) and respondent’s motion, in this respect, is denied.
The order of reversal should, however, be resettled by striking out the words, “with costs to…
2Cases cited11 opinions
- Harris v. . BurdettNew York Court of Appeals · 1878
- Bank of Utica v. IvesNew York Supreme Court · 1837
- Wilson v. Lester & HolbrookNew York Supreme Court · 1873
- Kummer v. Christopher & Tenth Street RailroadNew York Court of Common Pleas · 1893
- Goodwin v. . ConklinNew York Court of Appeals · 1881
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