Bump v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Delaware, Lackawanna and Western Bailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 1st day of October, 1912, upon the verdict of a jury for $20,000, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Howard, J.:
The books abound with instances where verdicts have been set aside because of improper remarks of counsel, and they abound, likewise, with instances where the courts have refused to disturb verdicts because of such remarks. Therefore, the citation of precedents signifies but little. In the case at bar the trial judge promptly rebuked the counsel for his improper language and in the charge he emphatically and distinctly instructed the jury to disregard the remarks, warning them that the language was intended to excite their prejudice. Generally where the trial court has promptly…
2Cases cited2 opinions
- Horton v. TerryAppellate Division of the Supreme Court of the State of New York · 1908
- Kuntz v. HowardAppellate Division of the Supreme Court of the State of New York · 1911