Legal Opinion

Hagen v. New York Central & Hudson River Railroad

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

Decided July 1, 1903PublishedCited by 5 opinions

Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 17th day of May, 1902, upon the verdict of a jury for $8,000, and also from an order entered in said clerk’s office on the 29th day of May, 1902, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s…

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Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 17th day of May, 1902, upon the verdict of a jury for $8,000, and also from an order entered in said clerk’s office on the 29th day of May, 1902, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 11th day of June, 1902, granting to plaintiff an- extra allowance of costs. On the 20th day of July, 1895, the…

1Opinion of the Court

Adams, P. J.:

This cáse has been four times tried and the record therein of the fourth trial, which is now before us, presents one of the most remarkable attempts to secure a verdict which has ever been brought to our attention.

The trial was commenced upon the 23d day of April, 1902,fand the case was given to the jury sometime during the day of the twenty-fifth, but at what hour does not definitely appear. It seems, however, that in.the evening of that day it was in some manner brought to the knowledge of the trial justice that the jury were divided in their views, standing ten for one party…

2Cases cited2 opinions

  1. People v. . SheldonNew York Court of Appeals · 1898
  2. Twiss v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by5 opinions

  1. Kesley v. United StatesCourt of Appeals for the Fifth Circuit · 1931
  2. People v. HenryAppellate Division of the Supreme Court of the State of New York · 1977
  3. Hagen v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905
  4. Mar v. Shew Fan QuiSupreme Court of Minnesota · 1909
  5. In Re the Condemnation of Property of HendersonCourt of Appeals of North Carolina · 1969

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