Niles v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York Central and Hudson River Railroad Company, from ail order of the Supreme Court, made at the Oneida Special Term and entered in the office of the clerk of the county of Oneida on the 18th day of June, 1896, striking out from the proposed case and exceptions, on the application of the plaintiff’s counsel, words used by plaintiff in opening the case to the jury.
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Appeal by the defendant, the New York Central and Hudson River Railroad Company, from ail order of the Supreme Court, made at the Oneida Special Term and entered in the office of the clerk of the county of Oneida on the 18th day of June, 1896, striking out from the proposed case and exceptions, on the application of the plaintiff’s counsel, words used by plaintiff in opening the case to the jury. Also striking out certain words used in “ closing the case to the jury,” which are set out. It appears by the order that the striking out of the language used in the opening and summing up, quoted in…
1Opinion of the Court
Hardin, P. J.:
The order from which the appeal is taken does not recite the papers that were used upon the application for .it. There ■ is no compliance with the rule which requires that an appeal shall he heard upon a certified copy of the papers used before the Court. (Code Civ. Proc. § 1353.) Rule 41 of the Supreme Court requires papers Used upon the application for an order to be printed. (Manhattan Railway Co. v. Taber, 31 Abb. N. C. 167.) There is nothing in the papers before the court to indicate that, when the opening was made or the summing up had, the matter which is now objected to…
2Cases cited5 opinions
- New York Rubber Co. v. . RotheryNew York Court of Appeals · 1889
- Mead v. . SheaNew York Court of Appeals · 1883
- Grossman v. Supreme Lodge of Knights & Ladies of HonorNew York Supreme Court · 1889
- Manhattan Railway Co. v. TaberNew York Supreme Court · 1894
- Canzi v. ConnerThe Superior Court of New York City · 1878
3Cited by1 opinion
- Devine v. KellerAppellate Division of the Supreme Court of the State of New York · 1969