New York Central & Hudson River Railroad v. Moore
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, Frank J. Moore, for a new trial upon : a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, the verdict of a jury having been rendered in favor of the plaintiff by direction of the court after a trial at the May, 1909, Monroe Trial Term.
1Opinion of the Court
Robson, J.:
This action has been twice tried. The first trial resulted in a directed verdict for plaintiff, which was afterwards, on defendant’s motion, set aside upon the sole ground that testimony of. deceased witnesses taken on the hearing of a prior action between the predecessor in title of plaintiff and the predecessor in title of defendant, in which the right of possession of the same premises, which are the subject-matter of the present controversy, was involved, had been improperly excluded by the court. That order was affirmed on appeal to this court. (129 .App. Div. 935.)
The…
2Cases cited3 opinions
- Miller v. . Long Island Railroad Co.New York Court of Appeals · 1877
- Sheridan v. . AndrewsNew York Court of Appeals · 1872
- Mission of the Immaculate Virgin v. CroninNew York Court of Appeals · 1894
3Cited by3 opinions
- Schick v. WolfAppellate Division of the Supreme Court of the State of New York · 1924
- Doe v. RoeSuperior Court of Delaware · 1936
- Brewer v. MooreAppellate Division of the Supreme Court of the State of New York · 1918