Legal Opinion · Dissent

Haines v. Keahon

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

Decided July 1, 1899Published

Appeal by the defendant, Patrick H. Keahon, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of April, 1899, upon the verdict of a jury for $2,750, and also from an order entered in said clerk’s office on' the 28th day of April, 1899, denying the defendant’s motion for a new trial made upon the minutes.

1Dissent

O’Brien, J. (dissenting):

I think the facts bring this case within the principle laid down in Crozier v. Read (78 Hun, 181; 10 App. Div. 626), and Grinnell v. Taylor (85 Hun, 90). I, therefore, dissent.

Judgment reversed, new trial ordered, costs to appellant to abide event.

2Cases cited2 opinions

  1. Crozier v. ReadNew York Supreme Court · 1894
  2. Crozier v. ReadAppellate Division of the Supreme Court of the State of New York · 1896