Legal Opinion

Perry v. New York Central & Hudson River Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 1915PublishedCited by 1 opinion

Appeal by the defendant, The New York Central and Hudson River Railroad Company, from an order of the Supreme Court, made at the Niagara Special Term and entered in the office of the clerk of the county of Orleans on the 28th day of January, 1914, granting plaintiff’s motion to set aside the verdict of a jury in favor of the defendant and the judgment entered thereon and granting a new trial.

1Per curiam

As stated in plaintiff’s notice of motion, the grounds upon which she sought to set aside the verdict of the jury and the judgment entered thereon were the alleged incompetency and misconduct of the jurors, and particularly that of two jurors specifically named. The affidavits in support of the motion recited statements by individual jurors made to affiants after the trial, and also observations of the demeanor of one of the jurors during the course of the trial, which it was claimed plainly indicated that from the beginning of the trial he was prejudiced in favor of the defendant and against…

2Cases cited5 opinions

  1. Queenan v. OklahomaSupreme Court of the United States · 1903
  2. Hanor v. HouselAppellate Division of the Supreme Court of the State of New York · 1908
  3. Werner v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
  4. People v. BirnbaumAppellate Division of the Supreme Court of the State of New York · 1906
  5. Broadway Building Co. v. SaladinoCity of New York Municipal Court · 1913

3Cited by1 opinion

  1. Curry v. QuaitNew York Supreme Court · 1917

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