Legal Opinion

Serra v. Brooklyn Heights Railroad

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

Decided July 1, 1904PublishedCited by 2 opinions

Appeal by the plaintiff, Charles Serra, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 26th day of January, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the" 30th day of January, 1903, denying the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Hooker, J.:

In this action for negligence, after the court had concluded his charge to the jury, the attorney for the' plaintiff requested him to charge that the rule' requiring the jurors’ minds to be' convinced beyond a reasonable doubt does not prevail. in a civil action in a case of this kind. The following colloquy took place: “ The Court: I think it does, but the Court is not bound to so charge in ‘terms. Mr. Ward: I except. The Court: While I am not bound to charge you that, yet I believe that to be the real logic of the proposition which I have given you, that you must be satisfied…

2Cases cited2 opinions

  1. New York Guaranty & Indemnity Co. v. GleasonNew York Court of Appeals · 1879
  2. Kurz v. DoerrAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by2 opinions

  1. In re O'SullivanAppellate Division of the Supreme Court of the State of New York · 1907
  2. In re O'SullivanAppellate Division of the Supreme Court of the State of New York · 1907

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