National Corporation v. Brown

Bok, P. J.,

There having been a jury’s verdict for plaintiff, defendant asks for a new trial. There is no allegation that the verdict was excessive, was against the law or the evidence, that there was no prima facie case to go to the jury or that there were any erroneous rulings.

Nor is there an allegation of any error in the charge.

The trouble with the record, in defendant’s view, is that the charge does not appear in it.

What happened was that at the conclusion of the speeches the trial judge began to charge, and completed this duty without noticing that the court stenographer was absent. The…