Werner v. Interurban Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Interurban Street Railway Company, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 25th day of January, 1904, vacating and setting aside the verdict of a jury in favor of the defendant and granting a new trial of the action on the ground of the misconduct of a juror.
1Opinion of the Court
Jenks, J.:
This is an appeal from an order made at the Trial Term, upon application by the plaintiff, setting aside a verdict for the defendant and granting a new trial on the ground of the misconduct of a juror. In Fleischmann v. Samuel (18 App. Div. 97; appeal dismissed, 154 N. Y. 731) we held that the correct practice is application to the Special Term ; but, as no question was raised, we shall proceed to consider the appeal.
The verdict was for the defendant. The alleged misconduct is that, during the trial, juror No. 8 talked with Hr. Bennings, an adjuster of the defendant. An attorney and…
2Cases cited5 opinions
- Borland v. BarrettSupreme Court of Virginia · 1882
- People v. DunneCalifornia Supreme Court · 1889
- Delaney v. HartwigWisconsin Supreme Court · 1895
- Fleischmann v. SamuelAppellate Division of the Supreme Court of the State of New York · 1897
- Bruswitz v. Netherlands American Steam Nav. Co.New York Supreme Court · 1892
3Cited by11 opinions
- People v. SilvermanAppellate Division of the Supreme Court of the State of New York · 1937
- Woolson v. WaiteNew York Supreme Court · 1935
- Murphy v. 16 Abingdon Square Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1935
- Stone v. O'NeilNew York Supreme Court · 1916
- Campbell v. TowberNew York Supreme Court · 1965
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